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GIRARD v. BD. OF EDUC.

168 A.D.2d 183 (1991)

In the Matter of Coletta Girard, Appellant, v. Board of Education of City School District of City of Buffalo, Respondent

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

June 7, 1991

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria (John Collins of counsel), for appellant.

Hodgson, Russ, Andrews, Woods & Goodyear (Randy Fahs, Karl W. Kristoff and Norman H. Gross of counsel), for respondent.

DILLON, P. J., DOERR, BALIO and DAVIS, JJ., concur.

LAWTON, J.

In this CPLR article 78 proceeding, petitioner seeks to annul the action taken by respondent which abolished her former position as Assistant Superintendent. Supreme Court properly dismissed the proceeding as moot by reason of petitioner's resignation and retirement. When petitioner's resignation was accepted by respondent, the employment relationship that existed between petitioner and respondent...

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