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MTR. OF BD. OF EDUC. v. ALLEN

60 Misc.2d 926 (1969)

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

Supreme Court, Special Term, Albany County.

September 30, 1969

Attorney(s) appearing for the Case

Demov, Morris, Levin & Shein for petitioner. Robert D. Stone, John P. Jehu and Louis H. J. Welch for respondent. Jack Greenberg and Sylvia Drew for Jeffrey L. King and others, respondents-intervenors.

HAROLD E. KOREMAN, J.

This is a proceeding brought pursuant to article 78 of the CPLR to annul and set aside an order of respondent Commissioner of Education which directed petitioner to effect a reassignment of students in grades one through six in petitioner's school district to overcome purported racial imbalance.

Following dismissal of the petition on motion of respondents for failure to allege facts...

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