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MATTER OF SPOSATO v. AMBACH

114 Misc.2d 942 (1982)

In the Matter of Alfred Sposato, Petitioner, v. Gordon Ambach, as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

July 16, 1982

Attorney(s) appearing for the Case

John F. Middlemiss, Jr., for petitioner. Robert D. Stone and Robert Wright for Gordon Ambach, respondent.

LAWRENCE E. KAHN, J.

In this CPLR article 78 proceeding, petitioner seeks a judgment declaring the promulgation and enforcement of 8 NYCRR 156.3 (b) void as beyond the jurisdiction of the respondent Commissioner of Education (Commissioner). Said regulation requires termination of employment of a school bus driver upon attaining age 65. Petitioner was an employee of the County School Bus Service, Inc., which provided school bus transportation for the Hauppauge...

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