MATTER OF STUDLEY v. ALLEN


24 A.D.2d 678 (1965)

In the Matter of A. Robert Studley 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.

July 8, 1965


HAMM, J.

Special Term correctly held that under the Education Law (§ 3635, subd. 1) the "legislative yardstick is distance, which is, objectively, readily ascertainable, and not hazard which involves a myriad of factors"; that all within the same distance limitation would have to be given transportation; and, finally, that the Legislature "has not completely transferred to school districts the duty of transporting every pupil" and "In the instant...

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