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BD. OF EDUC. v. AMBACH

123 Misc.2d 622 (1984)

Board of Education of the Hilton Central School District, Plaintiff, v. Gordon Ambach, as Commissioner of Education of the State of New York, Defendant.

Supreme Court, Monroe County.

March 28, 1984

Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (Peter J. Spinelli of counsel), for plaintiff. Robert Abrams, Attorney-General, for defendant. McGivern, Shaw & O'Connor for New York School Board Association, amicus curiae.

EUGENE W. BERGIN, J.

The plaintiff Board of Education of the Hilton Central School District commenced this action against the defendant Gordon Ambach, as Commissioner of Education of the State of New York, for a declaratory judgment. The plaintiff seeks judicial review of the determination by the defendant Commissioner of Education that an imminent health hazard exists at Hilton's Northwood Elementary School due to the presence in that building of nearly...

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