MATTER OF SCH. DIST., ONONDAGA v. COMR. EDUC.


199 Misc. 757 (1951)

In the Matter of The Trustee of School District No. 9 of Town of Onondaga, Petitioner, v. Commissioner of Education of State of New York, Respondent.

Supreme Court, Special Term, Albany County.

May 3, 1951.


Attorney(s) appearing for the Case

Curtiss D. Matterson for petitioner.

Charles A. Brind, Jr., and John P. Jehu for respondent.


HAMM, J.

The facts are not in dispute. On and before October 2, 1950, an order of annexation dated September 26, 1950, and reciting an effective day of December 7, 1950, was duly filed with the town clerks and the district clerks and trustees of the school district affected.

The statute provides (Education Law, § 1802, subd. 2, par. b) that a petition for a referendum in connection with such annexation must be filed "within sixty days after...

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