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MTR. OF GOTTFRIED BAKING CO. v. ALLEN

45 Misc.2d 708 (1964)

In the Matter of Gottfried Baking Co., Inc., Petitioner, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

December 7, 1964

Attorney(s) appearing for the Case

Scribner & Miller (Herbert Plaut and George Myers of counsel), for petitioner. Charles A. Brind and Donald O. Meserve for Commissioner of Education, respondent. Nixon, Mudge, Rose, Guthrie & Alexander (William C. Woolsey of counsel), for Continental Baking Company, respondent. C. Francis Giaccone for Central School District No. 5, Towns of Brookhaven, Smithtown and Islip, respondent. John H. Borrie for Union Free School District No. 3, Town of Hempstead. David M. Shane for Union Free School District No. 11, Town of Hempstead.

LAWRENCE H. COOKE, J.

In this article 78 proceeding, petitioner seeks a judgment "reviewing, annulling and setting aside the decision of the respondent, Hon. James E. Allen, Jr., as Commissioner of Education of the State of New York, dated September 4, 1964, dismissing the appeal of the petitioner, and setting aside and nullifying as illegal the contracts made between the respondents school districts and Continental...

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