MATTER OF CLARK v. ALLEN


12 Misc.2d 988 (1958)

In the Matter of Edward V. Clark et al., Petitioners, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Rensselaer County.

August 2, 1958.


Attorney(s) appearing for the Case

Charles H. Gaffney and John E. Egan for petitioners.

Charles A. Brind, Jr., and John P. Jehu for respondents.


HERBERT D. HAMM, J.

This is a proceeding under article 78 of the Civil Practice Act questioning the validity of an order of the Commissioner of Education creating an enlarged district and purportedly made pursuant to section 1526 of the Education Law. The districts comprising the enlarged district appear below.

Subdivisions 1 and 4 of section 1526 of the Education Law provide:

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