WISEMAN v. WILSON


198 Misc. 57 (1950)

In the Matter of Laying Out of a Central School District in the Towns of Vernon, Verona, Westmoreland, Kirkland and Vienna, Oneida County, and the Cities of Sherrill, Oneida and Rome. Joseph Wiseman et al., Plaintiffs, v. Lewis A. Wilson, as Acting Commissioner of Education of the State of New York, Defendant.

Supreme Court, Special Term, Oneida County.

June 22, 1950.


Attorney(s) appearing for the Case

Arthur, Arthur & Arthur for plaintiffs.

Charles A. Brind, Jr., and John J. Jehu for defendant.


McCLUSKY, J.

This is a proceeding under article 78 of the Civil Practice Act. The form and terminology employed are not in the usual mode. An objection upon that ground alone might be sustained. But to do that would not settle the main question involved and might tend to hamper the rights of the respective parties to this litigation.

The chief point involved lies in the contention that section 1801 of the Education Law of this State has not been...

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