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MTR. OF BD. OF EDUC. v. NYQUIST

78 Misc.2d 544 (1974)

In the Matter of Board of Education of the City School District of the City of Poughkeepsie, Petitioner, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

June 24, 1974

Attorney(s) appearing for the Case

Lloyd L. Rosenthal and Joseph D. Quinn, Jr., for petitioner. Robert D. Stone and J. Michael Eadry for Ewald B. Nyquist, respondent. Hinman, Straub, Pigors & Manning for Robert A. Timmons, respondent.

A. FRANKLIN MAHONEY, J.

The Board of Education of the City School District of the City of Poughkeepsie (hereinafter Board), petitioner herein, seeks an order pursuant to the provisions of CPLR article 78 annulling the order of the Commissioner of Education of the State of New York (hereinafter Commissioner), dated December 28, 1973, made on an appeal by Robert A. Timmons, pursuant to section 310 of the Education Law, after the Board had refused to rehire...

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