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MATTER OF BD. OF EDUC., NEVERSINK, ETC., v. WILSON

203 Misc. 566 (1952)

In the Matter of The Board of Education of Union Free School District No. 1 of the Towns of Neversink and Fallsburgh, Sullivan County, and Denning, Wawarsing and Rochester, Ulster County, Petitioner, v. Lewis A. Wilson, as Commissioner of Education of The State of New York, Respondent. (Two Proceedings.)

Supreme Court, Special Term, Albany County.

December 6, 1952.

Attorney(s) appearing for the Case

Charles A. Brind, Jr., for respondent.

Richard W. Lent for George B. Smith, intervener.

Andrew Wright Lent for petitioner.

Lounsberry & Lonstein for Central School District No. 2. Towns of Wawarsing and Rochester, Ulster County, Mamakating and Fallsburgh, Sullivan County.

ELSWORTH, J.

Respondent Commissioner of Education has moved to dismiss as matter of law the petition in the above proceedings brought under article 78 of the Civil Practice Act, and also to dismiss the application of George B. Smith to intervene as a party petitioner.

In the proceedings, the petitioner Board of Education seeks to review an order of the Commissioner of Education laying out Central School...

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