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MTR. OF ROCHESTER GAS & ELEC. v. NYQUIST

65 Misc.2d 159 (1970)

In the Matter of Rochester Gas and Electric Corporation, Petitioner, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

December 14, 1970

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle for petitioner. Robert D. Stone, John P. Jehu and Donald O. Meserve for respondent. Stanton & Villani for Board of Education of Wayne Central School District, intervenor-respondent.

JOHN H. PENNOCK, J.

This is an article 78 proceeding to review a determination of the Commissioner of Education made pursuant to sections 310 and 2217 of the Education Law. In that decision (No. 8131 dated April 21, 1970) the Commissioner dismissed an appeal from an order of a District Superintendent of Schools correcting an indefinite and uncertain boundary in accordance with the provisions of subdivision 1 of section 2215 of the Education Law.

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