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LIVERPOOL DIST v. NYQUIST

55 A.D.2d 194 (1976)

In the Matter of The Liverpool Central School District, Appellant, v. Ewald B. Nyquist, as Commissioner of Education, et al., Respondents

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

December 23, 1976

Attorney(s) appearing for the Case

O'Hara, O'Hara & Vars (Edward A. O'Hara, III, of counsel), for appellant.

Robert D. Stone (Judith M. Hecker of counsel), for Ewald B. Nyquist, respondent.

Louis J. Lefkowitz, Attorney-General (James E. Morgan and Ruth Kessler Toch of counsel), for State of New York, respondent.

KOREMAN, P. J., GREENBLOTT, LARKIN and HERLIHY, JJ., concur.

KANE, J.

Appellant, a school district, desired to have an office building erected on its property for school purposes which it would then lease from the builder with an option to purchase at a later date. Subject to several conditions, authority to enter into this type of agreement is conferred by section 1726 of the Education Law. However, the district did not wish to subdivide the work and place it out for...

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