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JOHNSON v. SCHOLASTIC, INC.

52 A.D.3d 375 (2008)

860 N.Y.S.2d 83

JAMES M. JOHNSON, Appellant, v. SCHOLASTIC, INC. et al., Respondents.

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

Decided June 19, 2008.

A petition for review of an agency determination cannot go forward without joining that agency in the proceeding (see Matter of Solid Waste Servs., Inc. v New York City Dept. of Envtl. Protection, 29 A.D.3d 318, 319 [2006], lv denied 7 N.Y.3d 710 [2006]; see also Matter of Okoumou v Community Agency for Senior Citizens, Inc., 17 Misc.3d 827, 832, 833 [2007]). Here, neither the...

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