# Board of Education v. Spencerport Teachers Ass'n

> Appellate Division of the Supreme Court of the State of New York · April 7, 1977 · 57 A.D.2d 709

URL: https://www.frixlaw.com/law-library/cases/5819686

## Case

- **Full name:** Board of Education, Spencerport Central Schools v. Spencerport Teachers Association
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** April 7, 1977
- **Citations:** 57 A.D.2d 709; 395 N.Y.S.2d 389; 1977 N.Y. App. Div. LEXIS 11757
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5819686

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5819686. Public record. Not legal advice.