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MATTER OF DE PAOLI v. BD. OF EDUC., SOMERS CENT. SCH. DIST.

92 A.D.2d 894 (1983)

In the Matter of Michael De Paoli, Appellant, v. Board of Education, Somers Central School District, et al., Respondents

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

March 14, 1983

Judgment reversed, on the law, with $50 costs and disbursements, motion denied and petition reinstated.

Respondents' time to answer is extended until 10 days after service upon them of a copy of the order to be made hereon, with notice of entry. On a motion to dismiss a petition pursuant to CPLR 7804 (subd [f]), only the petition is to be considered and all of its allegations are to be deemed true (Matter of Cutcher v Nyquist, 39 A.D.2d 810...

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