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BD. OF EDUC. OF FREEPORT UNION FREE SCH. DIST. v. NYQUIST

71 A.D.2d 757 (1979)

Board of Education of Freeport Union Free School District, Respondent, v. Ewald B. Nyquist, as Commissioner of Education of The State of New York, Appellant. (Proceeding No. 1.) In the Matter of Jose Santiago et al., Respondents, v. Board of Education of Union Free School District No. 9, Freeport, Town of Hempstead, et al., Respondents, and Ewald B. Nyquist, as Commissioner of Education of The State of New York, Appellant. (Proceeding No. 2.)

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

July 26, 1979

Following the refusal by the voters of Freeport to approve a school budget for the 1976-1977 school year, the Board of Education adopted an austerity budget pursuant to section 2023 of the Education Law. Said section requires an austerity budget to include an appropriation for "ordinary contingent expenses". In reliance upon a bulletin distributed to all New York school districts by the State Education Department dealing with the...

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