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MTR. OF O'BRIEN v. COMM'R OF EDUC.

4 N.Y.2d 140 (1958)

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

Court of Appeals of the State of New York.

Decided March 27, 1958.

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.

Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL and BURKE concur with Judge FULD; Judge VAN VOORHIS concurring in a separate opinion.

FULD, J.

On this appeal, brought as of right on alleged constitutional grounds, the petitioners seek to annul a decision of the Commissioner of Education sustaining a special election in the Ellicottville Central School District at which the voters authorized the construction of a new high school and the issuance of bonds to finance it.

At the election, held on May 20, 1955, two voting machines were used...

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