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MATTER OF FERACA v. NYQUIST

48 A.D.2d 736 (1975)

In the Matter of Joseph F. Feraca, Appellant, v. Ewald B. Nyquist, as Commissioner of Education of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 15, 1975

The facts are undisputed. At the time petitioner was elected a member of the school board of Kingston City School District he was a detective in the City of Kingston Police Department. Respondent Hodge instituted an appeal before the Commissioner of Education who ordered petitioner to resign from either the police department or the school board. Thereafter, petitioner commenced this article 78 proceeding to annul the commissioner's decision and Special Term refused to do...

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