Summary
finding that court did not abuse discretion in dismissing case for non-joinder of school principal; while respondent, as chief of executive officer of state education system had authority over petitioner, the school district, he did not have corresponding authority over school principal, a private citizen
Summary of this case from Scofero v. ZuckerOpinion
Argued June 5, 1991
Decided July 2, 1991
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Paul E. Cheeseman, J.
Raymond G. Kuntz and Mario L. Spagnuolo for appellant.
Charles E. O'Brien and Lizette A. Cantres for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 163 A.D.2d 715).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.