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MATTER OF BD. OF EDUC. v. ALLEN

43 Misc.2d 509 (1964)

In the Matter of Board of Education of Union Free School District No. 5, Valhalla, Petitioner, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

January 16, 1964

Attorney(s) appearing for the Case

William C. Casey and William Van Vliet for petitioner. Charles A. Brind and John P. Jehu for respondent.

LOUIS G. BRUHN, J.

This is a proceeding pursuant to article 78 CPLR to review a determination of the Commissioner of Education of the State of New York by which such Commissioner refuses to certify that an apportionment of State aid under subdivision 6 of section 3602 of the Education Law of the State of New York will not impede reorganization.

The usual claim is made that such determination on the part of the Commissioner is wholly arbitrary...

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