1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 6 N.Y.2d
  5. 6 N.Y.2d 871 (1959)
 

MATTER OF BD. OF EDUC. OF UNION FREE SCH. DIST. NO. 3 OF THE TOWN OF OYSTER BAY, NASSAU COUNTY v. ALLEN

6 N.Y.2d 871 (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., Appellants, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided May 29, 1959.

Attorney(s) appearing for the Case

Henry Root Stern, Jr., and George C. Pratt for appellants.

Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for respondent.

Newton Millham for Board of Education of Union Free School District No. 4 of Town of Oyster Bay, amicus curiae.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD and BURKE. Judge FROESSEL dissents in the following opinion in which Judge VAN VOORHIS concurs.

Order affirmed, without costs.

FROESSEL, J. (dissenting).

I dissent and vote to reverse and remit the matter to Special Term for a trial of the issues of fact raised by the pleadings and exhibits attached thereto. Whether the order of centralization was arbitrary and capricious and failed to comply with the terms of the enabling statute (Education Law, § 1801, subd. 2) may not be decided on the record presently before us (Civ. Prac. Act,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases