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MATTER OF BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR SECOND SUPERVISORY DISTRICT OF ERIE v. UNIVERSITY OF THE STATE EDUCATION DEPARTMENT

40 A.D.3d 1349 (2007)

838 N.Y.S.2d 197

In the Matter of BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE SECOND SUPERVISORY DISTRICT OF ERIE, CHAUTAUQUA AND CATTARAUGUS COUNTIES, et al., Petitioners, v. UNIVERSITY OF THE STATE EDUCATION DEPARTMENT et al., Respondents. (Proceeding No. 1.) In the Matter of KELLY SERVICES, INC., Appellant, v. UNIVERSITY OF THE STATE EDUCATION DEPARTMENT et al., Respondents. (Proceeding No. 2.)

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

Decided May 24, 2007.

Crew III, J.

On August 25, 2003, petitioner Board of Cooperative Educational Services for the Second Supervisory District of Erie, Chautauqua and Cattaraugus Counties (hereinafter BOCES), one of the petitioners in proceeding No. 1, and petitioner in proceeding No. 2, Kelly Services, Inc., entered into a contract obligating Kelly to provide per diem substitute teachers for BOCES. Thereafter, respondent Joseph E. Sweeny,...

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