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MTR. OF GORFINKEL v. ALLEN

58 Misc.2d 43 (1968)

In the Matter of Archie A. Gorfinkel, Petitioner, v. James E. Allen, Jr., as Commissioner of New York State Education Department, Respondent.

Supreme Court, Special Term, Albany County.

November 4, 1968

Attorney(s) appearing for the Case

Anthony J. Mercorella and Burton G. Hecht for petitioner. Robert D. Stone for respondent.

DE FOREST C. PITT, J.

The petitioner has commenced this article 78 proceeding against James E. Allen, Jr., as Commissioner of New York State Education Department, to obtain a judgment directing Commissioner Allen, "to exercise his powers pursuant to Section 306 of the State Education Law, subdivision 1 and 2 to suspend and/or dissolve the New York City Board of Education, and upon such suspension or dissolution, to assume the direction and administration...

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