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MATTER OF ELLIS v. ALLEN

4 A.D.2d 343 (1957)

In the Matter of James R. Ellis, as President of The Yonkers Committee for Peace, Appellant, v. James E. Allen, Jr., as Commissioner of Education of The State of New York, Respondent

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

July 23, 1957.

Attorney(s) appearing for the Case

Emanuel Redfield for appellant.

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

COON, HALPERN and GIBSON, JJ., concur with FOSTER, P. J.; BERGAN, J., dissents, in an opinion.

FOSTER, P. J.

Petitioner in this proceeding is the president of an organization known as the Yonkers Committee for Peace. The proceeding is one under article 78 of the Civil Practice Act to review a decision of the Commissioner of Education which dismissed an appeal of petitioner from the action of the Board of Education of the City School District of the City of Yonkers in refusing to allow petitioner's organization...

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