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  5. 61 N.Y.2d 658 (1983)
 

MATTER OF TREHY v. COMMACK UNION FREE SCH. DIST.

61 N.Y.2d 658 (1983)

In the Matter of Veronica Trehy, as Mother and Natural Guardian of Joseph P. Trehy, Jr., an Infant, Respondent, v. Commack Union Free School District et al., Appellants.

Court of Appeals of the State of New York.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Eugene L. Wishod for appellants.

Robert L. Ferris for respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), respondent's submission is treated as a motion to discontinue, the order is reversed, without costs, and the matter remitted to Supreme Court, Suffolk County, with directions to enter an order discontinuing the proceeding with prejudice pursuant to CPLR 3217...

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