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MATTER OF EISENHAUER v. WATERTOWN CITY SCH. DIST.

236 CA 21-00813.

208 A.D.3d 952 (2022)

173 N.Y.S.3d 774

2022 NY Slip Op 04832

In the Matter of John W. Eisenhauer et al., Appellants, v. Watertown City School District et al., Respondents. (Appeal No. 1.)

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

TABNER, RYAN & KENIRY, LLP, ALBANY ( WILLIAM F. RYAN, JR. , OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS.

THE LAW FIRM OF FRANK W. MILLER, EAST SYRACUSE ( CHARLES C. SPAGNOLI OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS WATERTOWN CITY SCHOOL DISTRICT AND WATERTOWN CITY SCHOOL DISTRICT BOARD OF EDUCATION.

SLYE LAW OFFICES, P.C., WATERTOWN ( ROBERT J. SLYE OF COUNSEL), FOR RESPONDENT-DEFENDANT-RESPONDENT CITY OF WATERTOWN.

WHITEMAN OSTERMAN & HANNA LLP, ALBANY ( ELLEN M. BACH OF COUNSEL), FOR RESPONDENT-DEFENDANT-RESPONDENT ROSWELL P. FLOWER MEMORIAL LIBRARY.

Present —Whalen, P.J., Smith, NeMoyer, Curran and Bannister, JJ.

It is hereby ordered that the amended judgment so appealed from is unanimously modified on the law by granting judgment in favor of respondents/defendants Watertown City School District, Watertown City School District Board of Education, and Roswell P. Flower Memorial Library on the second cause of action as follows:

It is adjudged and declared that Proposition 1 is not null and void, and as modified the amended judgment...

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