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LIVOLSI v. HICKSVILLE UNIONFREE SCHOOL DISTRICT

263 A.D.2d 447 (1999)

693 N.Y.S.2d 617

MICHAEL LIVOLSI et al., Appellants, v. HICKSVILLE UNIONFREE SCHOOL DISTRICT et al., Respondents.

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

Decided July 6, 1999.

Ordered that the order is affirmed, with costs.

The plaintiffs appealed the plaintiff Michael Livolsi's five-day suspension from high school to the New York State Commissioner of Education, who made a determination in the respondents' favor. The plaintiffs never sought judicial review of the Commissioner's determination pursuant to CPLR article 78, although they could have done so. Therefore, the plaintiffs are barred by the doctrines of collateral estoppel and res...

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