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MATTER OF COLE v. WILSON

202 Misc. 1090 (1952)

In the Matter of Howard Cole, Petitioner, v. Lewis A. Wilson, as Commissioner of Education of The State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

September 15, 1952.

Attorney(s) appearing for the Case

Ernest Abdella for petitioner.

Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for Lewis A. Wilson, as Commissioner of Education, respondent.

R. Cuthell Calderwood for William G. Galpin, Jr., respondent.

HAMM, J.

This is a proceeding under article 78 of the Civil Practice Act to review a determination of the Commissioner of Education.

The court may determine whether the commissioner acted capriciously or unlawfully. Section 310 of the Education Law provides: "the commissioner of education may also institute such proceedings as are authorized under this article and his decision in such appeals, petitions...

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