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MONACO v. ALLEN

5 A.D.2d 743 (1957)

Ralph Monaco et al., Appellants, v. James E. Allen, Jr., as Commissioner of Education of The State of New York, et al., Respondents, and Board of Education of Union Free School District No. 1 of the Towns of Bethlehem, Coeymans and New Scotland, Albany County, Appellant-Respondent

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

December 19, 1957

The complaint seeks a declaratory judgment: (1) that section 1801 of the Education Law is unconstitutional in that it delegates legislative powers to the Commissioner of Education without setting forth standards for the exercise of the discretion therein conferred; (2) that the delegation of such powers is unconstitutional; and, (3) that the commissioner did not consider the convenience of attendance of pupils in his order laying...

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