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MATTER OF VETERE v. ALLEN

15 N.Y.2d 763 (1965)

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

Court of Appeals of the State of New York.

Reargument Ordered January 14, 1965.

Attorney(s) appearing for the Case

Mason L. Hampton, Jr., C. William Gaylor and H. Paul King for petitioners-appellants.

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

Charles A. Brind, John P. Jehu, Elizabeth M. Eastman and George B. Farrington for Commissioner of Education, respondent.

Robert L. Carter, Joan Franklin and Lewis M. Steel for remaining respondents.

Reargument ordered and case set down for reargument on February 11, 1965. Neither party briefed the question as to whether respondent Commissioner possessed the power, under section 310 of the Education Law or any other provision, to review the failure or refusal of the local Board of Education to alter the zoning areas for school attendance. We desire reargument of the appeal, with particular reference to the above...

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