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MATTER OF MURPHY v. BD. OF EDUC. OF THE ARLINGTON CENT. SCH. DIST.

74 A.D.2d 874 (1980)

In the Matter of Michael M. Murphy, an Infant, et al., Appellants, v. Board of Education of the Arlington Central School District et al., Respondents

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

March 17, 1980

Order affirmed, with $50 costs and disbursements.

We agree with Special Term that the provisions of the CPLR, and particularly CPLR 3110, are not applicable to an examination under section 50-h of the General Municipal Law, since an examination under the latter section is to be held prior to the commencement of an action against the municipal body (see Fitzgerald v Sanitation Dist. No. 6 of Town of Hempstead, 89 Misc.2d 1078...

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