Board of Education v. Ambach — 56 N.Y.2d 792

Majority

p. 792

In the Matter of Board of Education of the Three Village Central Schools of the Towns of Brook-haven and Smithtown, Respondent, v Gordon M. Ambach, as Commissioner of Education of the State of New York, Respondent, and Mary Jane Leichner, Appellant.

Decided May 20, 1982

p. 793

APPEARANCES OF COUNSEL

James R. Sandner and Janis Levart Barquist for appellant.

Vanessa M. Sheehan for board of education, respondent.

Robert D. Stone and Frederick W. Burgess for Gordon M. Ambach, as Commissioner of Education of the State of New York, respondent.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, with costs, and the matter remitted to the Appellate Division, Third Department, for review of the judgment of Special Term entered in this proceeding. The

p. 794

order of Special Term entered in a prior separate proceeding brought by respondent Leichner pursuant to CPLR article 78 is not a nonfinal order which necessarily affects the final judgment in this proceeding (CPLR 5501, subd [a], par 1) and, accordingly, is not subject to review in this proceeding.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.