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MTR. OF BD. OF EDUC. v. NYQUIST

51 Misc.2d 902 (1966)

In the Matter of the Board of Education of the Union Free School District No. 11, Town of Hempstead, Petitioner, v. Ewald B. Nyquist, as Acting Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

October 28, 1966

Attorney(s) appearing for the Case

David M. Shane for petitioner. Alexander Kronhart for School District No. 31, respondent. Charles A. Brind and Donald O. Meserve for Acting Commissioner of Education, respondent.

HAROLD E. KOREMAN, J.

Petitioner brings this proceeding pursuant to article 78, CPLR, in which it seeks to review and annul respondent's decision wherein he sustained an appeal from an order of the District Superintendent of Schools of the Town of Hempstead, Nassau County, New York (hereinafter called the Superintendent), and set aside and vacated the order.

The only issue to be determined here is whether...

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