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Clayton v. Board of Education

40 N.Y.2d 842 Court N.Y. Decision date 1976-09-21 English

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p. 842
In the Matter of Eugene F. Clayton, Respondent, v Board of Education of Central School District No. 1 of the Towns of Conklin, Binghamton, Kirkwood and Vestal, Appellant.
Decided September 21, 1976

On reconsideration by the Court of Appeals sua sponte order of the Court of Appeals dated April 1, 1976 denying motion to dismiss the appeal vacated, motion to dismiss the appeal granted and the appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. [See 38 NY2d 1022 .]