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MATTER OF ROTH v. MANHASSET UNION FREE SCHOOL DIST.

60 A.D.3d 771 (2009)

875 N.Y.S.2d 182

In the Matter of JEFFREY S. ROTH, Appellant, v. MANHASSET UNION FREE SCHOOL DISTRICT, Respondent.

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

Decided March 10, 2009.

Ordered that the appeal is dismissed and the judgment is vacated; and it is further,

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits; and it is further,

Ordered that one bill of costs is awarded to the respondent.

Since the petition raises a substantial evidence question, the Supreme Court should have transferred the proceeding to this Court (see CPLR 7804 [g]). Nevertheless...

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