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MTR. OF BD. OF EDUC., HARRISON v. ALLEN

29 A.D.2d 24 (1967)

In the Matter of The Board of Education, Union Free School District No. 6, Harrison, Respondent, v. James E. Allen, Jr., as Commissioner of Education of The State of New York, et al., Appellants; Board of Education of School District No. 14, Town of Ramapo, et al., Respondents

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

December 13, 1967.

Attorney(s) appearing for the Case

Charles A. Brind (John P. Jehu of counsel), for Commissioner of Education, appellant.

Lester D. Cook for the Board of Education of the City School District of Rye, New York, appellant.

Joseph A. Vassallo and Henry J. Smith for Board of Education, Union Free School District No. 6, Harrison, respondent.

Meyer, Kissel, Matz & Seward (Henry M. Kidder, Jr., of counsel), for Edwin Gould New York Fund and another, respondents.

GIBSON, P. J., REYNOLDS, STALEY, JR., and GABRIELLI, JJ., concur.

HERLIHY, J.

The facts of the case are relatively simple. It appears that prior to the death of their mother, the infants Linda and Vivian Harving resided with their mother and stepfather in the City of Rye and the children attended the Rye city schools. The mother died on July 21, 1959 and pursuant to the terms of her last will and testament, Miss Becher, a resident of the respondent Harrison school district,...

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