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BD. OF EDUC., MT. VERNON v. ALLEN

58 Misc.2d 762 (1969)

In the Matter of Board of Education of the City School District of City of Mount Vernon, Petitioner, v. James E. Allen, Jr., as Commissioner of Education of State of New York, Respondent, and Jeffrey L. King, by His Father Lloyd King, Jr., et al., Intervenors-Respondents.

Supreme Court, Special Term, Albany County.

January 30, 1969

Attorney(s) appearing for the Case

Demov, Morris, Levin & Shein (Eugene J. Morris, Josel J. Spector and Brian Michael Seltzer of counsel), for petitioner. Robert D. Stone, John P. Jehu, Louis H. J. Welch and Elizabeth M. Eastman for respondent. Jack Greenberg, James M. Nabrit, III, Franklin E. White, Lewis M. Steel, Leonard J. Rosenfeld, Thomas J. Cahill and Frederick Greene for intervenors-respondents.

T. PAUL KANE, J.

This is a proceeding pursuant to article 78 of the CPLR in which the petitioner seeks to annul a determination of respondent Commissioner following an appeal pursuant to section 310 of the Education Law (Matter of King, Decision No. 7877, dated June 13, 1968). Upon the argument of the motion herein, leave was granted to the respondent Jeffrey Lloyd King, by his father and next friend, Lloyd King, Jr., et al., to intervene...

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