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MATTER OF BOARD OF EDUCATION OF THE ENLARGED CITY SCHOOL DISTRICT OF MIDDLETOWN v. RUSSO

283 A.D.2d 490 (2001)

724 N.Y.S.2d 468

In the Matter of BOARD OF EDUCATION OF THE ENLARGED CITY SCHOOL DISTRICT OF MIDDLETOWN, Respondent, v. RUSSELL R. RUSSO et al., Appellants.

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

Decided May 14, 2001.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as was made in the proceeding pursuant to CPLR article 78 is treated as an application for leave to appeal from that portion of the order, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the law, by (1) adding to the eighth paragraph thereof the words "which are timely demanded" following the words "the petitioner...

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