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MTR. OF BD. OF EDUC. v. ALLEN

6 A.D.2d 316 (1958)

In the Matter of The Board of Education of Union Free School District No. 3 of the Town of Oyster Bay, Nassau County, et al., Respondents-Appellants, v. James E. Allen, Jr., as Commissioner of Education of The State of New York, Appellant-Respondent

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

July 31, 1958.

Attorney(s) appearing for the Case

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

Henry Root Stern, Jr., and George C. Pratt for respondents-appellants.

Newton Millham for Board of Education of Union Free School District No. 4, Town of Oyster Bay, Nassau County, amicus curiæ.

GIBSON, HERLIHY and REYNOLDS, JJ., concur.

BERGAN, J. P.

Petitioners, who comprise both the board of education and also certain taxpayers, of a union school district seek to annul an order of the State Commissioner of Education laying out a new central school district. The district in which petitioners have an interest would be embraced in the new central district. The court at Special Term has in part sustained and in part annulled the order of the commissioner...

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