Hartman v. Erie 1 Boces Board of Education (204 A.D.2d 1038, 1994)

Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with same Memorandum as in Matter of Hartman v Erie 1 BOCES Bd. of Educ. (204 AD2d 1037 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Whelan, J.—Article 78.) Present —Green, J. P., Pine, Balio, Fallon and Doerr, JJ.