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LIVERPOOL CENT. SCH v. NYQUIST

84 Misc.2d 20 (1975)

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

Supreme Court, Special Term, Albany County.

October 6, 1975

Attorney(s) appearing for the Case

O'Hara, O'Hara & Vars (Edward A. O'Hara, III, of counsel), for petitioner. Robert D. Stone, Louis H. J. Welch and Judith M. Hecker for Ewald B. Nyquist, respondent. Louis J. Lefkowitz, Attorney-General (Joseph T. Hopkins and Thomas Mead Santoro of counsel), for State of New York, respondent.

A. FRANKLIN MAHONEY, J.

Petitioner commenced a CPLR article 78 proceeding to review an informal opinion of counsel to the State Education Department to the effect that subdivision 3 of section 1726 of the Education Law was applicable to the proposed plans of petitioner to lease (with option to purchase) an educational facility to be constructed in its district.

Clearly, such a procedural device is inappropriate...

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