The petition seeks to annul and set aside a certain order of the Commissioner of Education directing appellant to effect not later than November 4, 1968 a reassignment of students in grades one through six in the Mount Vernon School District to overcome purported racial imbalance. The Commissioner's motion, made pursuant to CPLR 7804 (subd. [f]) is in the nature of a demurrer and only the petition may be considered (Matter of Berlingieri...
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