MATTER OF PETERSON v. ALLEN


9 Misc.2d 680 (1958)

In the Matter of Clarence S. Peterson, Jr., Petitioner, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

January 23, 1958.


Attorney(s) appearing for the Case

William P. Shea for petitioner.

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


HERBERT D. HAMM, J.

This is a proceeding under article 78 of the Civil Practice Act seeking to reverse a determination of the commissioner under section 1511 of the Education Law in refusing to approve the consolidation of two school districts and seeking also to require the direction of a vote on the proposed consolidation.

Subdivision 1 of section 1511 provides: "Whenever two-thirds of the qualified electors of each of two or more districts...

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