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MATTER OF SMILER v. BOARD OF EDUCATION

15 A.D.3d 409 (2005)

790 N.Y.S.2d 53

In the Matter of ADAM T. SMILER, Respondent, v. BOARD OF EDUCATION, Also Known as DEPARTMENT OF EDUCATION, et al., Appellants.

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

February 7, 2005.

Ordered that the appeals from the orders dated January 13, 2004, and February 25, 2004, are dismissed as academic in light of this Court's determination regarding the judgment; and it is further,

Ordered that the judgment, as amended, is modified, on the law, by deleting the provisions thereof, (1) in effect, granting the petition to the extent of annulling the determination and directing the appellants to accept the petitioner...

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