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McCORMACK v. PORT WASHINGTON UNION FREE SCH. DIST.

214 A.D.2d 546 (1995)

625 N.Y.S.2d 57

John J. McCormack et al., Respondents-Appellants, v. Port Washington Union Free School District, Appellant-Respondent, and Richard V. Barry, Respondent

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

April 3, 1995

Ordered that the order is affirmed, insofar as appealed and cross appealed from, without costs or disbursements.

We reject the contention of the defendant Port Washington Union Free School District (hereinafter the District) that the Supreme Court erred in not dismissing the complaint because of the failure of the plaintiff John McCormack to appear for an examination pursuant to General Municipal Law § 50-h. Under that section, dismissal is required only if a...

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