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MATTER OF O'BRIEN v. COMR. OF EDUC.

3 A.D.2d 321 (1957)

In the Matter of Donald O'Brien et al., Appellants, v. Commissioner of Education of the State of New York, Respondent

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

March 21, 1957.

Attorney(s) appearing for the Case

Edward M. Horey for Donald O'Brien, appellant.

John W. Ellis for William C. Murphy, appellant.

Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for respondent.

FOSTER, P. J., BERGAN, COON and GIBSON, JJ., concur.

HALPERN, J.

The petitioners appeal from an order of the Special Term which dismissed on the merits their petition under article 78 of the Civil Practice Act seeking to annul a determination made by the Commissioner of Education, sustaining a special election in the Ellicottville Central School District, Cattaraugus County.

On May 20, 1955, a special district meeting was held to vote upon a proposition...

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