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MATTER OF GALLANT v. COMM'R & ACTING COMM'R OF EDUC. OF THE STATE OF NEW YORK

14 A.D.2d 633 (1961)

In the Matter of May E. Gallant, Appellant, v. Commissioner and Acting Commissioner of Education of the State of New York et al., Respondents

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

August 1, 1961

It is contended there were triable issues of fact and that the Commissioner's refusal to issue subpœnas and take testimony was arbitrary and illegal. A special school election for Union Free School District No. 1, Towns of Brookhaven and Smithtown, Suffolk County, was held on April 9, 1959 for the purpose of voting to raise the amount of $670,000 for the construction of a new school. The proposition was carried by 362 affirmative...

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