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MATTER OF SUPPA v. LANDAU

55 A.D.2d 651 (1976)

In the Matter of Frank P. Suppa et al., Appellants, v. Robert I. Landau et al., Constituting The Board of Education of the City School District of New Rochelle, et al., Respondents

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

December 20, 1976

Order and judgment reversed, on the law, without costs or disbursements, and motion denied.

Since the question of whether respondents' determination was based upon substantial evidence was not raised in the petition, Special Term was correct in considering the proceeding on the merits and in not transferring it to this court for disposition (see CPLR 7804, subd [g]). However, it is our opinion that the record presents a question...

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