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MATTER OF OGDEN v. ALLEN

14 N.Y.2d 349 (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., Respondents, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 10, 1964.

Attorney(s) appearing for the Case

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

Louis B. Scheinman for respondents.

Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.

Chief Judge DESMOND.

Before us is an article 78 CPLR proceeding brought by the trustees of Common School District No. 18 in a town in Orange County, as such trustees and individually, joined with them as petitioners being another taxpayer and voter in the district. Respondents are State Commissioner of Education Allen and the City School District of the City of Middletown, New York. The petition prays to have...

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