MATTER OF DELFINO v. NYQUIST


19 A.D.2d 687 (1963)

In the Matter of John J. Delfino et al., Appellants, v. Ewald B. Nyquist, as Acting Commissioner of Education of The State of New York, Respondent, and Iris C. McKay et al., Constituting The Board of Education of Union Free School District No. 4, Town of Rye, Intervenors-Respondents

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

June 27, 1963


The construction of subdivisions 1 and 2 of section 401 and subdivision 6 of section 1709 of the Education Law is dispositive of the issues presented by this appeal, as defined in appellants' brief. Inasmuch as the population of the district exceeded 5,000, the Board of Education had power to designate the site; and submission of the designation to a vote of the district meeting was not required, as a prerequisite to further action...

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