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MTR. OF BD. OF EDUC. (EDWALT CORP.)

2 A.D.2d 443 (1956)

In the Matter of The Board of Education of the Utica City School District, Respondent, Relative to Acquiring Title to Real Property Situate in The City of Utica. Edwalt Building Corporation, Appellant, et al., Respondents

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

November 14, 1956.

Attorney(s) appearing for the Case

Richard O'C. Kehoe for respondent.

Daniel B. Myers and Donald Whelley for appellant.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.

Per Curiam.

Upon the present record the petitioner has failed to show a compliance with subdivision 6 of section 2512 of the Education Law. The Board of Education before designating this site did not submit the proposed designation to the City Planning Commission. In December, 1952 the board, by appropriate resolution, undertook to ascertain the availability of a site for a new school in "northwest Utica". Subsequently...

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