MATTER OF SZKOLNIK v. ALLEN


19 A.D.2d 764 (1963)

In the Matter of Michael Szkolnik et al., as Trustees of Common School District No. 8 of the Towns of Seneca, Geneva and Phelps and the City of Geneva, Appellants, v. James E. Allen, Jr., 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.

July 15, 1963


Consolidation carried by a close vote. Conceiving themselves aggrieved petitioners, qualified voters and former trustees of the common school district, appealed to the Commissioner alleging irregularities in the conduct of the meeting. Calling attention to his rules of practice governing verification and service, the Commissioner returned the appeal papers. Thereafter petitioners resubmitted the appeal apparently properly verified together with an affidavit showing service...

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