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MATTER OF CARTER v. ALLEN

25 N.Y.2d 7 (1969)

In the Matter of Norman D. Carter et al., Constituting the Board of Education of Union Free School District No. 2 (Spackenkill) of the Town of Poughkeepsie, et al., Respondents, v. James E. Allen, Jr. as Commissioner of Education, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 5, 1969.

Attorney(s) appearing for the Case

John P. Jehu, Robert D. Stone and Joseph F. Gibbons for appellants.

Louis B. Scheinman and Frank Felleman for respondents.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and JASEN concur.

BURKE, J.

The Commissioner of Education and the Board of Regents appeal from an order of the Appellate Division, Third Department, which modified a judgment of the Supreme Court, Albany County, invalidating a reaffirmation order issued by the Commissioner and declaring that a regulation promulgated by the Commissioner does not bar the registration of a high school proposed to be built in the petitioners' school...

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