MATTER OF OGDEN v. ALLEN


21 A.D.2d 87 (1964)

In the Matter of Lucille Ogden et al., Constituting The Board of Trustees of Common School District No. 18 of the Town of Wallkill, et al., Appellants, v. James E. Allen, Jr., as 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.

April 30, 1964.


Attorney(s) appearing for the Case

Louis B. Scheinman for appellants.

John P. Jehu, Charles A. Brind, Elizabeth M. Eastman, George B. Farrington and Louis H. J. Welch for James E. Allen, Jr., respondent.

Jacob E. Gunther for City School District of the City of Middletown, respondent.

GIBSON, P. J., and AULISI, J., concur; REYNOLDS and TAYLOR, JJ., dissent and vote to affirm.


HERLIHY, J.

A summary statement of the facts discloses that in 1962 the Commissioner of Education, pursuant to section 1526 of the State Education Law, attempted to consolidate certain common school districts — including District No. 18 — with the Middletown City School District. After the required notice of the purpose of the meeting was given, pursuant to the section, the vote of District No. 18...

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