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IN THE MATTER OF BAKER v. BOARD OF EDUCATION

29 A.D.3d 574 (2006)

815 N.Y.S.2d 112

In the Matter of ALICE BAKER et al., Respondents, v. BOARD OF EDUCATION et al., Appellants. (Proceeding No. 1.) In the Matter of KATHERYN VALENTINO, Respondent, v. BOARD OF EDUCATION, WAPPINGERS CENTRAL SCHOOL DISTRICT, et al., Appellants. (Proceeding No. 2.)

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

May 2, 2006.

Ordered that the judgment is modified, on the law and as an exercise of discretion, by deleting the words "and those similarly situated" from the third decretal paragraph thereof; as so modified, the judgment is affirmed, with one bill of costs to the petitioners appearing separately and filing separate briefs.

The petitioners are retirees or spouses of retirees of the Wappingers Central School District (hereinafter the District). In the past, as part of their continuing...

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