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COOPER v. NEW YORK CITY BD. OF EDUC.

55 A.D.3d 526 (2008)

864 N.Y.S.2d 317

MICHELLE COOPER et al., Appellants, v. NEW YORK CITY BOARD OF EDUCATION, Defendant, and ITALIAN AMERICAN CIVIL RIGHTS LEAGUE, INC., Respondent.

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

October 7, 2008.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, the motion of the defendant Italian American Civil Rights League, Inc., in effect, pursuant to CPLR 306-b and 3211 (a) (8) to dismiss the complaint insofar as asserted against it is denied, and the plaintiffs' cross motion pursuant to CPLR 306-b to extend their time to serve that defendant with the summons and complaint is granted; and it is further,

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