MATTER OF LEWIS v. ALLEN


5 Misc.2d 68 (1957)

In the Matter of Joseph Lewis et al., Petitioners, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

February 23, 1957.


Attorney(s) appearing for the Case

Martin J. Scheiman for petitioners.

Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for respondent.


ISADORE BOOKSTEIN, J.

This is a proceeding by petitioners under subdivision 1 of section 1296 of article 78 of the Civil Practice Act to compel respondent, the Commissioner of Education of the State of New York, to perform a duty which allegedly he has failed to perform. The duty which petitioners would compel him to perform is to revoke and rescind a certain regulation allegedly enforced in the public schools...

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