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MATTER OF HILL v. BD. OF EDUC., GLENVILLE

286 A.D. 332 (1955)

In the Matter of Dudley T. Hill, Respondent, v. Board of Education of Central School, District No. 2 of Towns of Glenville, Schenectady County, Amsterdam, Montgomery County, and Charlton, Saratoga County, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 7, 1955.

Attorney(s) appearing for the Case

Roy W. Peters for appellant.

Richmond D. Moot for respondent.

Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for Lewis A. Wilson, as Commissioner of Education of the State of New York, amicus curiæ.

Vandewater, Sykes, Heckler & Galloway, amicus curiæ.

BERGAN, HALPERN, IMRIE and ZELLER, JJ., concur.

FOSTER, P. J.

It has been determined by the Supreme Court at Special Term, in a proceeding under article 78 of the Civil Practice Act, that a bond resolution of the respondent board of education, dated November 12, 1954, is null and void. The declaratory judgment appealed from also permanently enjoins the respondent from constructing a new high school building, purchasing additional land therefor, and from issuing...

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