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BD. OF EDUC. v. SOBOL

161 Misc.2d 393 (1993)

613 N.Y.S.2d 792

In the Matter of the Board of Education of the City of New York, Petitioner, v. Thomas Sobol, as the Commissioner of Education of the State of New York, Respondent, and Jane Knowledge et al., Intervenors-Respondents.

Supreme Court, Albany County.

December 9, 1993

Attorney(s) appearing for the Case

Robinson, Silverman, Pearce, Aronsohn & Berman (James F. Gill, Mark Jon Sugarman and Cheryl R. Oler of counsel), for petitioner. Robert Abrams, Attorney-General (Deirdre Roney of counsel), for respondent. New York Civil Liberties Union (Arthur Eisenberg, Donna Lieberman and Yueh-ru Chu of counsel), for intervenors-respondents. Association of the Bar of the City of New York (Frances J. Milberg of counsel), amicus curiae.

GEORGE L. COBB, J.

Petitioner, hereinafter the Board of Education, has commenced a CPLR article 78 proceeding seeking to vacate and annul the determination of respondent Sobol which invalidated Resolution 33 of the Board of Education upon administrative appeal pursuant to section 310 of the Education Law. The petitioners in the underlying administrative appeal, hereinafter intervenors, have moved for leave...

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