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  5. 116 A.D.2d 939 (1986)
 

MATTER OF BD. OF EDUC., LAKELAND CENT. SCH. DIST. OF SHRUB OAK v. STATE EDUC. DEP'T

116 A.D.2d 939 (1986)

In the Matter of Board of Education, Lakeland Central School District of Shrub Oak, Appellant, v. State Education Department et al., Respondents

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

January 30, 1986

Harvey, J.

In this CPLR article 78 proceeding, petitioner seeks to compel respondents to reimburse it for State aid funds which were withheld on a retroactive basis from its June 1984 State aid payment. Respondents moved for dismissal of the petition, asserting objections in point of law pursuant to CPLR 7804 (f). As permitted by that provision, respondents did not submit an answer to the petition prior to their...

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