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MATTER OF BD. OF EDUC. OF CENT. SCH. DIST. NO. 1 v. ALLEN

17 Misc.2d 1080 (1959)

In the Matter of Board of Education of Central School District No. 1 of the Towns of Ballston, Clifton Park and Charlton, Saratoga County, and the Town of Glenville, Schenectady County, Petitioner, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent, and Martin Brophy et al., Intervenors-Respondents.

Supreme Court, Special Term, Albany County.

July 9, 1959.

Attorney(s) appearing for the Case

Davies, Hardy & Schenck (Kenneth W. Greenwalt and Thomas T. Adams of counsel), for petitioner.

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

Tobin & O'Brien (Porter R. Chandler, Charles J. Tobin, Jr., John B. Coleman, Jr., and Richard E. Nolan of counsel), for intervenors-respondents Brophy, Greiner, and Adack.

ROSCOE V. ELSWORTH, J.

These are article 78 proceedings which raise issues as to the legality and constitutionality of orders of the Commissioner of Education requiring the expenditure of public funds for the transportation of pupils to parochial schools.

At the annual meeting of the Central District held on May 6, 1958, motions to provide such transportation were defeated. Appeals were taken to the...

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