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MTR. OF BD. OF EDUC., OYSTER BAY v. ALLEN

19 Misc.2d 409 (1959)

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., Petitioners, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent. In the Matter of James E. Allen, Jr., et al., Respondents.

Supreme Court, Special Term, Albany County.

July 27, 1959.

Attorney(s) appearing for the Case

Sprague & Stern (Henry Root Stern, Jr., and George C. Pratt of counsel), for petitioners.

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

Bernard, Remsen, Millham & Bowdish (Richard F. Curran of counsel), for respondents.

HERBERT D. HAMM, J.

These consolidated proceedings were originally brought as two separate proceedings. In the first proceeding the petitioners sought to vacate an order of the Commissioner of Education laying out Central School District Number 3 of the Town of Oyster Bay, Nassau County, and in the second proceeding to vacate an order of the Commissioner calling for an election within the new central school...

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