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MATTER OF TUCCI v. NYQUIST

66 Misc.2d 808 (1971)

In the Matter of James Tucci, Petitioner, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

April 27, 1971

Attorney(s) appearing for the Case

James T. McKenna for petitioner. Robert D. Stone and J. Michael Eadry for respondent.

A. FRANKLIN MAHONEY, J.

In this article 78 proceeding the petitioner seeks an order annulling a determination of the Education Commissioner removing petitioner as a member of the School Board of Union Free School District No. 26, Island Trees, Town of Hempstead, New York and, conversely, restoring him to that position.

Formerly, the petitioner concurrently held both the position of member of a Board of Education of a school district and the office...

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