Matter of Board of Educ. v. Ambach

Full title: In the Matter of BOARD OF EDUCATION OF THE THREE VILLAGE CENTRAL SCHOOLS…

Court: Court of Appeals of the State of New York

Date published: May 20, 1982

56 N.Y.2d 792 (N.Y. 1982)

452 N.Y.S.2d 397

437 N.E.2d 1154

Opinion

Decided May 20, 1982

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CON. G. CHOLAKIS, J.

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.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 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 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.