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MATTER OF ARMSTRONG v. BD. OF EDUC. OF THE EAST RAMAPO CENT. SCH. DIST.

72 A.D.2d 601 (1979)

In the Matter of Albertis M. Armstrong, Appellant, v. Board of Education of the East Ramapo Central School District et al., Respondents

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

October 29, 1979

Judgment reversed, on the law, without costs or disbursements, and matter remitted to Special Term for a disposition on the merits.

As we view this proceeding, it is one to compel the performance of a duty specifically enjoined by law. Accordingly, the four-month limitation period must be computed from September 8, 1977, the date of respondents' refusal to reinstate petitioner, upon his demand (see CPLR 217). Since this...

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