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MATTER OF BOARD OF EDUCATION OF FLORIDA UNION FREE SCHOOL DISTRICT v. DEPACE

301 A.D.2d 521 (2003)

753 N.Y.S.2d 381

In the Matter of BOARD OF EDUCATION OF FLORIDA UNION FREE SCHOOL DISTRICT, Appellant, v. RONALD DEPACE et al., Respondents.

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

Decided January 13, 2003.

Ordered that the judgment is affirmed, with one bill of costs.

Initially, as the Supreme Court correctly determined, the amended petition insofar as it purportedly was asserted against the New York State Department of Education was a nullity because the petitioner failed to comply with the requirements of CPLR 401 (see Matter of Aries Striping v Hurley, 202 A.D.2d 578; Matter of Curcio v Kelly, 193...

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