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BYTHEWOOD v. HEMPSTEAD PUBLIC SCHOOLS

46 A.D.3d 731 (2007)

849 N.Y.S.2d 581

DAVID A. BYTHEWOOD, Appellant, v. HEMPSTEAD PUBLIC SCHOOLS, Respondent.

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

Decided December 18, 2007.

Ordered that the order dated April 4, 2006 is modified, on the law and the facts, by deleting therefrom the words "[w]ithin 30 days after service of this order, the plaintiff shall appear for an examination pursuant to General Municipal Law § 50-h; within 20 days after the 50-h examination the plaintiff shall serve an amended complaint" and substituting therefor the words "[t]he plaintiff is granted leave to serve an amended complaint"; as so modified, the order is affirmed...

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