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MATTER OF ALBERT v. ALLEN

24 A.D.2d 1065 (1965)

In the Matter of Paul Albert et al., Appellants, v. James E. Allen, Jr., as Commissioner of Education, et al., Respondents In the Matter of Stanley L. Riddett et al., Appellants, v. James E. Allen, Jr., as Commissioner of Education, et al., Respondents

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

December 23, 1965

MEMORANDUM BY THE COURT.

Order modified in the exercise of discretion so as to continue, pending final determination of these proceedings, that part of the original stay which protected petitioners from prosecution under section 6561 (subd. 1, par. d, cl. [i]) of the Education Law without prejudice, however, to a motion to vacate the same in the event that the proceedings shall not be promptly brought on for determination and, as so modified, affirmed,...

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