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MATTER OF RUBIN v. BD. OF EDUC. OF THE PLAINVIEW-OLD BETHPAGE CENT. SCH. DIST.

71 A.D.2d 606 (1979)

In the Matter of Paul Rubin, as President of Plainview-Old Bethpage Congress of Teachers, et al., Respondents, v. Board of Education of the Plainview-Old Bethpage Central School District et al., Appellants

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

July 2, 1979

Judgment reversed, with $50 costs and disbursements, and matter remitted to Special Term for further proceedings consistent herewith.

The appellants' time to serve their answer is extended until 20 days after service upon them of a copy of the order to be entered hereon, together with notice of entry thereof. CPLR 7804 (subd [f]) requires that where a respondent's motion to dismiss has been denied, the respondent must be granted the opportunity to answer before a...

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