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MTR. OF BD. OF EDUC. OF VIRGIL v. ALLEN

30 Misc.2d 673 (1960)

In the Matter of the Board of Education of Central School District No. 2 of the Towns of Virgil, Harford, Lapeer and Cortlandville, Cortland County, Petitioner, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

December 28, 1960

Attorney(s) appearing for the Case

Lusk, Folmer, Ryan & Fenstermacher (Louis H. Folmer and Daniel F. Cory of counsel), for petitioner. Charles A. Brind, Jr., (John P. Jehu, Elizabeth M. Eastman and George B. Farrington, of counsel), for respondent.

KENNETH S. MACAFFER, J.

This is an application under article 78 of the Civil Practice Act for an order annulling and declaring void and of no effect a determination or decision of the respondent James E. Allen, Jr., as Commissioner of Education of the State of New York.

The respondent, James E. Allen, Jr., Commissioner of Education of the State of New York, will hereinafter be referred to as the Commissioner. The petitioner, the Board of Education...

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