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MATTER OF NEARY v. ALLEN

33 Misc.2d 548 (1961)

In the Matter of Robert M. Neary, Petitioner, and George Michalec et al., Individually and as Taxpayers of Common School District No. 6 of the Towns of Mount Pleasant, North Castle and New Castle, et al., Intervenors-Petitioners, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent, and William D. Sporborg, Jr., et al., Individually and Constituting the Board of Education of Union Free School District No. 5 of the Towns of North Castle, New Castle and Bedford, Westchester County, et al., Intervenors-Respondents.

Supreme Court, Special Term, Albany County.

January 10, 1961

Attorney(s) appearing for the Case

Curtis F. McClane for petitioner. Hoch Reid, intervenor-petitioner in person, and for intervenors-petitioners. Charles A. Brind, Jr. and John P. Jehu for James E. Allen, Jr., respondent. William D. Sporborg, Jr., intervenor-respondent in person, and for Sidney M. Miller and others, intervenors-respondents. John G. Moore for Charles E. Pound and others, Constituting the Board of Education of Union Free School District No. 5 of the Towns of North Castle, New Castle and Bedford, Westchester County, intervenors-respondents. Mullen & Smith for Thelma Kocivar and others, individually and constituting the Board of Education of Common School District No. 2 of the Town of North Castle, Westchester County, intervenors-respondents.

KENNETH S. MacAFFER, J.

This is a proceeding pursuant to article 78 of the Civil Practice Act instituted by the petitioner, Robert M. Neary, for an order annulling an order of the respondent, Commissioner of Education of the State of New York, hereinafter referred to as Commissioner, dated May 16, 1961. That order of the Commissioner laid out a central school district designated as Central School District No...

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