Handy v. Westbury Union Free School District

In a proceeding pursuant to CPLR article 78, inter alia, to compel respondents to appoint petitioner to the position of director of physical education, the appeal is from a judgment of the Supreme Court, Nassau County, dated October 7, 1977, which dismissed the petition. Judgment reversed, on the law, with $50 costs and disbursements, and proceeding remitted to Special Term for a hearing arid further proceedings not inconsistent herewith. It was error to dismiss petitioner-appellant’s article 78 proceeding. Unlike Matter of Abrams v New York City Tr. Auth. (39 NY2d 990), the court would not…