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MATTER OF BOARD OF MANAGERS OF COPLEY COURT CONDOMINIUM v. TOWN OF OSSINING

2009-09808.

79 A.D.3d 1032 (2010)

913 N.Y.S.2d 738

In the Matter of BOARD OF MANAGERS OF COPLEY COURT CONDOMINIUM, Respondent, v. TOWN OF OSSINING et al., Respondents, and BRIARCLIFF MANOR UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided December 21, 2010.

Ordered that the order is reversed, on the law, with costs to the appellant payable by the petitioner-respondent, the appellant's motion to dismiss the proceedings on the ground that the petitions were not served upon its Superintendent of Schools is granted, and the petitioner's cross motion for leave to serve the petitions upon the Superintendent of Schools of the Briarcliff Manor Union Free School District nunc pro tunc is denied.

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