Legal Opinion

Franz v. Board of Education

Appellate Division of the Supreme Court of the State of New York

Decided August 5, 1985PublishedCited by 20 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78, petitioner appeals from so much of a judgment of the Supreme Court, Suffolk County (Morrison, J.), dated April 13, 1984, as dismissed the proceeding for lack of personal jurisdiction over the respondent.

Judgment affirmed, insofar as appealed from, without costs or disbursements.

In the absence of an order to show cause designating an alternative manner of service, personal service upon a school district must be made by delivering the initiatory papers to a "school officer” as that term is defined in the Education Law (CPLR 311 [7]; 403 [c], [d]).…

2Cases cited5 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. Byrne v. StateAppellate Division of the Supreme Court of the State of New York · 1984
  3. Munroe v. BoothNew York Court of Appeals · 1953
  4. Chesney v. Board of Education of Union Free School District No. 5New York Court of Appeals · 1959
  5. Chesney v. Board of Education of Union Free School District No. 5Appellate Division of the Supreme Court of the State of New York · 1956

3Cited by20 opinions

  1. Sarkissian v. Chicago Board of EducationIllinois Supreme Court · 2002
  2. White v. BerrymanWest Virginia Supreme Court · 1992
  3. Eso v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1988
  4. Heinisch v. GoehringerAppellate Division of the Supreme Court of the State of New York · 1986
  5. Matter of Baumann & Sons Buses, Inc. v. Ossining Union Free Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2014

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