MATTER OF NYACK BD. OF EDUC. v. K. CAPOLINO D R, 68 N.Y.2d 647 (1986)

505 N.Y.S.2d 74, 496 N.E.2d 233

In the Matter of NYACK BOARD OF EDUCATION, Appellant, v. K. CAPOLINO DESIGN AND RENOVATION, LTD., Respondent.

Court of Appeals of the State of New York.
Decided June 10, 1986

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Harry Edelstein, J.

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Joseph J. Ceccarelli for appellant.

David H. Fromm for respondent.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed,

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with costs, for reasons stated in the memorandum at the Appellate Division (114 A.D.2d 849), which we interpret as a determination on the law and in the exercise of discretion.

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.