MATTER OF SPOOL v. ALLEN


60 Misc.2d 268 (1969)

In the Matter of James Spool, Petitioner, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

February 25, 1969


Attorney(s) appearing for the Case

James Spool, petitioner in person. Robert D. Stone, John P. Jehu, Joseph F. Gibbons and Lawrence W. Reich for James E. Allen, Jr., respondent.


LOUIS G. BRUHN, J.

This is an article 78 proceeding brought on originally by a notice of petition and petition. The notice asks "for a judgment granting the relief demanded in the petition." Thereafter an amended petition was served which demanded "that a judgement be entered against the respondent declaring that part of said decision, which fails to set aside said election held by said Board of Education, to be annulled, and directing respondent to set...

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