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HEBREW INSTITUTE FOR DEAF AND EXCEPTIONAL CHILDREN v. BOARD OF EDUCATION OF CITY OF NEW YORK

309 A.D.2d 783 (2003)

765 N.Y.S.2d 643

HEBREW INSTITUTE FOR DEAF AND EXCEPTIONAL CHILDREN et al., Respondents, v. BOARD OF EDUCATION OF CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided October 14, 2003.

Ordered that the judgment is affirmed, with costs.

In a prior decision and order, this Court granted that branch of the plaintiffs' motion which was for summary judgment on the issue of the appellant's liability, determined that the appellant improperly recouped tuition payments from the plaintiffs in the years 1991 through 1995 based upon an illegal enrollment and attendance audit, remitted the matter to the Supreme Court, Kings County, for an assessment of the amounts...

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