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MATTER OF VETERE v. MITCHELL

21 A.D.2d 561 (1964)

In the Matter of Michael Vetere, Individually and as Parent and Natural Guardian of Anita Vetere, an Infant, Respondents, v. Patricia A. Mitchell et al., Respondents, and James E. Allen, Jr., as Commissioner of Education of The State of New York, Appellant In the Matter of Lewis Hummel et al., Individually and as Parents and Natural Guardians of Sally A. Hummel et al., Infants, Respondents, v. Board of Education of Union Free School District No. 12 of the Town of Hempstead, New York, Respondent, and James E. Allen, Jr., as Commissioner of Education of The State of New York, Appellant

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

July 21, 1964.

Attorney(s) appearing for the Case

Charles A. Brind (John P. Jehu, Elizabeth M. Eastman and George B. Farrington of counsel), for appellant.

Mason L. Hampton, Jr. of counsel (C. William Gaylor and H. Paul King with him on the brief), for petitioners-respondents.

Thomas L. Driscoll for Board of Education of Union Free School District No. 12 of the Town of Hempstead, New York, respondent.

Robert L. Carter and Jawn A. Sandifer (Joan Franklin of counsel), for Patricia A. Mitchell and others, respondents, and National Association for the Advancement of Colored People, amicus curiæ.

HERLIHY, J. P., REYNOLDS, TAYLOR and AULISI, JJ., concur.

HAMM, J.

This appeal is from an order and judgment which denied the motions of the respondent-appellant Commissioner of Education to dismiss the petitions as insufficient in law and annulled the determination of the Commissioner complained of in the petitions.

The petitioners in both proceedings are parents of white children affected by the Commissioner's decision. The two petitions are substantially...

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