MATTER OF SAVAGE v. ALLEN


13 Misc.2d 489 (1958)

In the Matter of Herbert A. Savage, Petitioner, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

July 18, 1958.


Attorney(s) appearing for the Case

Jacob H. Herzog for petitioner.

Charles A. Brind, Jr., and John P. Jehu for James E. Allen, Jr., as Commissioner of Education, respondent.

James J. McDonough for City School District, City of Glen Cove, respondent.


HERBERT D. HAMM, J.

This is a proceeding pursuant to article 78 of the Civil Practice Act to set aside the commissioner's determination dismissing an appeal and sustaining the result of a special election vote approving a proposal to issue bonds for the purpose of school construction.

"In an appropriate case, in a proceeding in the nature of mandamus, the court may direct a hearing to be held (Civ. Prac...

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