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MATTER OF BETHLEHEM UNION FREE SCH. v. WILSON

303 N.Y. 107 (1951)

In the Matter of The Board of Education of Union Free School District No. 1 of the Towns of Bethlehem, Coeymans and New Scotland, Appellant, v. Lewis A. Wilson, as Acting Commissioner of Education of The State of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1951

Attorney(s) appearing for the Case

Andrew Wright Lent for appellant.

Richard W. Lent for Board of Education of Union Free School District No. 1 of the Towns of Neversink and Fallsburgh, Sullivan County; Denning, Wawarsing and Rochester, Ulster County, amicus curiæ, in support of appellant's position.

Charles A. Brind, Jr., for respondent.

John W. Manning for Former Union Free School District No. 1 of the Town of Coeymans, Albany County, and another, amici curiæ, in support of respondent's position.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur.

FROESSEL, J.

Petitioner seeks in this article 78 proceeding to set aside or modify a determination of the State Commissioner of Education whereby Central School District No. 1 of the Towns of Coeymans and New Scotland, Albany County, and New Baltimore, Greene County, was laid out, pursuant to the provisions of section 1801 of article 37 of the Education Law. Special Term dismissed the petition on the merits, and...

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