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PLANCK v. COUNTY OF SCHENECTADY

51 A.D.3d 1283 (2008)

858 N.Y.S.2d 824

JASON PLANCK, Appellant, v. COUNTY OF SCHENECTADY, Defendant. (Action No. 1.) JASON PLANCK, Appellant, v. STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES et al., Defendants, and SCHENECTADY COUNTY COMMUNITY COLLEGE, Respondent. (Action No. 2.)

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

Decided May 22, 2008.

Spain, J.

Plaintiff has previously been before this Court twice in an action against the various defendants regarding his dismissal as a student from defendant Schenectady County Community College (Planck v County of Schenectady, 29 A.D.3d 1053 [2006], lv dismissed 7 N.Y.3d 783 [2006], cert denied 549 US —, 127 S.Ct. 675 [2006]; Planck v SUNY Bd. of Trustees, 18 A.D.3d 988

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