M. v. BD. OF EDUC. OF THE CARMEL CENT. SCH. DIST.


199 A.D.2d 477 (1993)

608 N.Y.S.2d 5

Amy L. M. et al., Respondents, v. Board of Education of the Carmel Central School District et al., Appellants, et al., Defendant

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

December 27, 1993


Ordered that the appeal is dismissed, without costs or disbursements.

By order dated March 26, 1992, the Justice presiding over this case sua sponte recused himself and noted that the plaintiffs had requested a change of venue. However, the order did not change venue. Thus, the appellants are not aggrieved by the order. In any event, in this case, the court could only change venue upon a formal motion by the plaintiffs (see, Agway, Inc. v Kervin<...

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