MATTER OF SAVAGE v. ALLEN


8 A.D.2d 650 (1959)

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

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

April 23, 1959


The petition alleges certain irregularities and violations and called upon the Commissioner to have an investigation and hearing, giving the parties the opportunity to be heard, according the petitioner an opportunity to submit evidence and to test, by cross-examination and rebuttal, evidence introduced by others and to thereafter declare the election void. He submitted no proof by affidavit (Rules of Practice, Education Dept.) and by failing to reply to the documented answer...

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