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MTR OF AXEL v. BD. OF EDUC.

93 Misc.2d 75 (1976)

In the Matter of Isaac Axel et al., Petitioners, v. Board of Education of the City of New York et al., Respondents.

Supreme Court, Special Term, Kings County.

September 20, 1976

Attorney(s) appearing for the Case

James R. Sanders for petitioners. W. Bernard Richland, Corporation Counsel (Michael S. Cerce of counsel), for respondents.

ARTHUR S. HIRSCH, J.

In this article 78 proceeding, petitioners challenge respondents' determination denying seniority credit for continuous substitute services rendered under per diem certificates as being arbitrary, illegal and unconstitutional and move for related relief. Respondents moved to dismiss pursuant to CPLR 7804 (subd [f]) on the grounds that the petition fails to state a cause of action.

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