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SEDITA v. BD. OF EDUC. OF THE CITY OF BUFFALO

43 N.Y.2d 827 (1977)

Salvatore Sedita, as President of Buffalo Council of Supervisors and Administrators, Appellant, v. Board of Education of the City of Buffalo, Respondent; Jane McDevitt, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided December 21, 1977.

Attorney(s) appearing for the Case

Richard Lipsitz, Frank S. Kedzielawa and Stuart M. Pohl for appellant.

Leslie G. Foschio, Corporation Counsel (Anthony C. Vaccaro of counsel), for respondent.

Lauren D. Rachlin and Norman S. Rosenberg for intervenor-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

It is the settled practice of this court not to decide questions rendered academic by a change in circumstances subsequent to a determination of a court below. (Town of Greenburgh v Board of Supervisors of Westchester County, 23 N.Y.2d 732.) Since the contested position of supervisor of personnel with respondent board of education has been lawfully abolished, there is...

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