Opinion

Board of Education v. Spencerport Teachers Ass'n

  • 57 A.D.2d 709
  • 395 N.Y.S.2d 389
  • 1977 N.Y. App. Div. LEXIS 11757
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Apr 7, 1977
Status
Published
Cited by
1 cases
Authority
More cited than 61.0%

The opinion

Order unanimously modified in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: Special Term for the reasons set forth in its memorandum decision properly found that the show cause order and temporary restraining order granted by Justice Clarence H. Brisco on October 10, 1975 was issued on legal and adequate grounds and that jurisdiction over defendants Spencerport Teachers Association, Robert Swayze, Sandy Proud, New York State United Teachers and Robert Paliwodzinski was obtained by proper service of process pursuant to CPLR 308. However, as to the defendants Demont, Harrington and Alexander, no adequate showing of due diligence to effect service under CPLR 308 (subds 1, 2) was made to permit service under CPLR 308 (subd 4). The proceeding therefore is dismissed as to those defendants. (Appeal from order of Monroe Supreme Court—injunction.) Present—Marsh, P. J., Moule, Cardamone, Simons and Dillon, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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