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MATTER OF BOYES v. ALLEN

59 Misc.2d 975 (1968)

In the Matter of Thomas Boyes et al., Petitioners, v. James E. Allen, Jr., as Commissioner of Education, et al., Respondents.

Supreme Court, Special Term, Albany County.

December 6, 1968

Attorney(s) appearing for the Case

Wiggins, Tsapis, Golder & Holmberg (Arthur J. Golder, Jr., of counsel), for petitioners. Robert D. Stone for respondents.

DE FOREST C. PITT, J.

This article 78 proceeding has been brought to set aside the determination of the respondent, Ewald B. Nyquist, as Acting Commissioner of Education, by which the conduct and result of a special election held to approve the formation of a new central school district was determined to be proper.

Originally the results of this election showed that the proposition to merge succeeded...

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