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MTR. OF DEVITO v. NYQUIST

56 A.D.2d 159 (1977)

In the Matter of Edith DeVito et al., Respondents, v. Ewald B. Nyquist, as Commissioner of Education of The State of New York, et al., Appellants

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

February 24, 1977

Attorney(s) appearing for the Case

Robert D. Stone (Lawrence W. Reich and James H. Whitney of counsel), for Ewald B. Nyquist, appellant.

Eugene J. Fox (Arthur J. Doran, Jr., of counsel), for Board of Education of the City of Yonkers, appellant.

Rebell, Krieger, Fischbein & Olivieri (Michael A. Rebell of counsel), for respondents.

KOREMAN, P. J., SWEENEY, KANE and MAIN, JJ., concur.

MAHONEY, J.

On June 20, 1976, appellant Board of Education of the City of Yonkers (board) in response to a comprehensive plan to reduce expenditures caused by a fiscal crisis faced by the City of Yonkers, the school district being fiscally dependent upon the city, closed seven schools, including School 15, pursuant to the recommendation of the superintendent of schools. The reasons given by the superintendent...

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