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BROWN v. BD. OF EDUC

88 A.D.2d 184 (1982)

Robert J. Brown et al., Appellants, v. Board of Education, Whitesboro Central School District, et al., Respondents

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

July 29, 1982

Attorney(s) appearing for the Case

O'Hara, Lahm & Felice (Kenneth A. Windstein of counsel), for appellants.

Foley & Frye (Stephen W. Haggas of counsel), for Board of Education, respondent.

Robert Abrams, Attorney-General (William J. Kogan and Jeremiah Jochnowitz of counsel), for Gordon M. Ambach, respondent.

MAHONEY, P. J., SWEENEY, CASEY and LEVINE, JJ., concur.

YESAWICH, JR., J.

This declaratory judgment action has its origin in the adoption by defendant Board of Education, Whitesboro Central School District (board) for the 1980-1981 school year of an austerity budget after voters defeated the proposed budget. Included in the austerity budget were appropriations for teachers' salaries and those items the board regarded as "ordinary contingent expenses" authorized by...

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