Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [b] [1]; [c]); and it is further,
Ordered that the order is reversed, on the law, with costs, that branch of the petition which was to annul the determination of John T. Comer in his capacity as Community Superintendent of Community School District 22, dated March 20, 2003, which reaffirmed the prior determination...
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