Herrfurth v. Board of Education of Pearl River School District

Appellate Division of the Supreme Court of New York

Herrfurth v. Board of Education of Pearl River School District

46 A.D.2d 688, 361 N.Y.S.2d 336, 1974 N.Y. App. Div. LEXIS 3813

Appellate Division of the Supreme Court of the State of New York·Decided October 28, 1974·Published

Opinion

In a proceeding pursuant to article 78 of the CPLR to annul respondents’ determination terminating appellant’s employment, the appeals are (1) from an order-judgment of the Supreme Court, Rockland County, entered November 28, 1973, which granted respondents’ motion to dismiss the proceeding pursuant to CPLR 217 and (2) as limited by appellant’s brief, from so much of a further order of the same court, dated February 6, 1974, as, upon reargument, adhered to the-original decision. Order-judgment entered November 28, 1973 reversed and order dated February 6, 1974 reversed insofar as appealed from with one bill of $20 costs and disbursements, and respondents’ motion denied, upon the authority of Matter of Wimnger v. WilUamson (46 A D 2d 689). Respondents’ time to answer the petition is extended until 20 days after entry of the order to be made hereon. Hopkins, Acting P. J., Cohalan, Brennan, Benjamin and Munder, JJ., concur.

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In a proceeding pursuant to article 78 of the CPLR to annul respondents’ determination terminating appellant’s employment, the appeals are (1) from an order-judgment of the Supreme Court, Rockland County, entered November 28, 1973, which granted respondents’ motion to dismiss the proceeding pursuant to CPLR 217 and (2) as limited by appellant’s brief, from so much of a further order of the same court, dated February 6, 1974, as, upon reargument, adhered to the-original decision. Order-judgment entered November 28, 1973 reversed and order dated February 6, 1974 reversed insofar as appealed from with one bill of $20 costs and disbursements, and respondents’ motion denied, upon the authority of Matter of Wimnger v. WilUamson (46 A D 2d 689). Respondents’ time to answer the petition is extended until 20 days after entry of the order to be made hereon. Hopkins, Acting P. J., Cohalan, Brennan, Benjamin and Munder, JJ., concur.

Herrfurth v. Board of Education of Pearl River School District, 46 A.D.2d 688, 361 N.Y.S.2d 336, 1974 N.Y. App. Div. LEXIS 3813 (N.Y. Ct. App. 1974).

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46 A.D.2d 688 (Herrfurth v. Board of Education of Pearl River School District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.