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In the Matter of Kevin Fager, Thomas Gillett and Other Petitioners United In Interest, Petitioners-Appellants v. Board of Education

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


April 20, 2012

IN THE MATTER OF KEVIN FAGER, THOMAS GILLETT AND OTHER PETITIONERS UNITED IN INTEREST, PETITIONERS-APPELLANTS,
v.
BOARD OF EDUCATION, ROCHESTER CITY SCHOOL DISTRICT, RESPONDENT-RESPONDENT.

Appeal from a judgment of the Supreme Court, Monroe County (David Michael Barry, J.), entered November 1, 2010 in a proceeding pursuant to CPLR article 78.

Matter of Matter of Fager v Board of Educ., Rochester City School Dist.

Decided on April 20, 2012

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

The judgment denied and dismissed the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: April 20, 2012

Frances E. Cafarell Clerk of the Court

20120420

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