Board of Education v. Nyquist

—Appeal from an order and judgment of the Supreme Court at Special Term, entered November 21, 1977 in Albany County, which granted a motion by the Board of Education of Freeport Union Free School District (Board of Education) for summary judgment declaring the rights of the parties (92 Mise 2d 43). Following the refusal by the voters of Freeport to approve a school budget for the 1976-1977 school year, the Board of Education adopted an austerity budget pursuant to section 2023 of the Education Law. Said section requires an *758austerity budget to include an appropriation for "ordinary contingent…