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MATTER OF BOTENS v. BD. OF EDUC. OF CENT. SCH. DIST. NO. 1 OF THE TOWNS OF CUBA & OTHERS

14 A.D.2d 485 (1961)

In the Matter of Richard Botens et al., Appellants, v. Board of Education of Central School District No. 1 of the Towns of Cuba and Others, Respondent

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

June 28, 1961

Order unanimously affirmed, without costs of this appeal to any party.

Memorandum:

While we affirm the order of Special Term, we do not adopt that language of the opinion holding that a vote against discontinuance of a school prior to the 1958 amendment of section 1805 of the Education Law would have been wholly ineffective. If a vote had taken place at that time, then the five-year period would have begun to run...

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