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MATTER OF O'BRIEN v. BD. OF EDUC. OF THE CITY SCH. DIST. OF THE CITY OF NEW YORK

71 A.D.2d 605 (1979)

In the Matter of Peter S. O'Brien, as President of The Council of Supervisors and Administrators of the City of New York, Local No. 1, SASOC, AFL-CIO, et al., Appellants, v. Board of Education of the City School District of the City of New York, Respondent

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

July 2, 1979

Judgment modified, on the law, by deleting the provision granting the respondent's cross motion to dismiss the petition and substituting therefor provisions (1) converting the proceeding into an action for a declaratory judgment and (2) declaring that the respondent did not violate the contract or equity rights of the petitioners. As so modified, judgment affirmed, with $50 costs and disbursements payable to the respondent.

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