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MATTER OF SOERGEL v. ALLEN

10 A.D.2d 767 (1960)

In the Matter of John W. Soergel et al., as Taxpayers of Union Free School District No. 6, Town of Dewitt, Appellants, and Jack Macken et al., as Taxpayers and Members of The Board of Trustees of Union Free School District No. 6, Town of Dewitt, et al., Intervening Petitioners-Appellants, v. James E. Allen, as Commissioner of Education of The State of New York, Respondent

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

March 18, 1960

The authority of the Commissioner is challenged generally and in particular that a special statute pertaining to School District No. 6 prohibits its inclusion in the proposal. The Commissioner's authority for acts of centralization is contained in article 37 of the Education Law, which includes section 1801, and which provides in part as follows: "§ 1801. Formation and changes of central school district. 1. The commissioner...

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