The following excerpt is from Cohen v. Pearl River Union Free School Dist., 414 N.E.2d 639, 434 N.Y.S.2d 138, 51 N.Y.2d 256 (N.Y. 1980):
Although Special Term initially denied the application, it ultimately granted the requested relief upon reconsideration of its earlier decision in light of our holding in Matter of Beary v. City of Rye, 44 N.Y.2d 398, 406 N.Y.S.2d 9, 377 N.E.2d 453, supra ). 2 After concluding that our decision in Beary authorized retroactive application of the amended version of section
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