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MATTER OF KIGHT v. WYANDANCH UNION FREE SCH. DIST. (WYANDANCH PUB. SCH.)

84 A.D.2d 749 (1981)

In the Matter of Ernest J. Kight, Respondent, v. Wyandanch Union Free School District (Wyandanch Public Schools) et al., Appellants

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

November 2, 1981

Judgment reversed, on the law, without costs or disbursements, and petition dismissed on the merits.

At the outset, we note our agreement with Special Term that the petitioner was not required to file a notice of claim as a condition precedent to the bringing of this proceeding (see Matter of Weisbarth v Board of Educ., 76 A.D.2d 841; Matter of Gross v Board of Educ., 73 A.D.2d 949

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