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MATTER OF BOARD OF EDUCATION OF HICKSVILLE UNION FREE SCHOOL DISTRICT v. SCHAEFER

2010-00155.

84 A.D.3d 795 (2011)

923 N.Y.S.2d 579

In the Matter of BOARD OF EDUCATION OF HICKSVILLE UNION FREE SCHOOL DISTRICT, Appellant, v. WILLIAM SCHAEFER, SR., et al., Respondents.

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

Decided May 3, 2011.

Ordered that the judgment is affirmed, with costs.

Prior to September 2003, state court review of decisions made by a State Review Officer (hereinafter SRO) were conducted according to the provisions of article 78 of the CPLR. In 2003, the Legislature "amended Education Law § 4404 and CPLR 7803 to provide that, effective September 1, 2003, the vehicle for review of [SRO] decisions is a proceeding pursuant to CPLR article 4, instead of CPLR article 78 (see...

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