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MATTER OF AUGELLO v. BD. OF EDUC. OF THE LYNBROOK UNION FREE SCH. DIST.

168 A.D.2d 445 (1990)

In the Matter of Paul Augello et al., Appellants, v. Board of Education of the Lynbrook Union Free School District, Respondent

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

December 3, 1990

Ordered, that the order and judgment is reversed, on the law, with costs, the motion is denied, the petition is reinstated, and that the matter is remitted to the Supreme Court, Nassau County, for further proceedings on the petition.

For the reasons stated in Allen v Board of Educ. (168 A.D.2d 403 [decided herewith]), we conclude that the existence of triable issues of fact preclude dismissal of the proceeding (CPLR...

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