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MATTER OF ROMEO v. NEW YORK STATE DEPARTMENT OF EDUCATION

39 A.D.3d 916 (2007)

833 N.Y.S.2d 298

In the Matter of ROBERT A. ROMEO et al., Respondents, v. NEW YORK STATE DEPARTMENT OF EDUCATION et al., Appellants-Respondents. WESTHILL CENTRAL SCHOOL DISTRICT, Proposed Intervenor-Appellant.

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

Decided April 5, 2007.

Kane, J.

Motions (1) by respondents to withdraw and discontinue their appeal, and (2) by Westhill Central School District to reject a stipulation discontinuing respondents' appeal.

Petitioners alleged that their property was located in two different school districts, permitting them to designate which school district their children would attend (see Education Law § 3203). After they designated the Westhill Central School District (hereinafter the...

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