BD. OF EDUC. OF UNION FREE SCH. DIST. NO. 6, TOWN OF BROOKHAVEN v. BD. OF EDUC. OF UNION FREE SCH. DIST. NO. 1, TOWNS OF BROOKHAVEN & SMITHTOWN


25 A.D.2d 440 (1966)

Board of Education of Union Free School District No. 6, Town of Brookhaven, Appellant, v. Board of Education of Union Free School District No. 1, Towns of Brookhaven and Smithtown, Respondent. (And Two Other Actions.)

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

January 17, 1966


Orders modified by striking out so much of the decretal paragraphs in each such order as grants the motions to dismiss on the ground of lack of jurisdiction of the subject matter and failure to join the Commissioner of Education. As so modified, the orders are affirmed, without costs.

In our opinion, plaintiff's complaints fail to state facts warranting declaratory relief. Assuming that joinder of additional parties is unnecessary and that the court below had jurisdiction...

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