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MATTER OF KAPLAN v. ALLEN

63 Misc.2d 458 (1970)

In the Matter of Marion A. Kaplan, Petitioner, v. James E. Allen, Jr., as Commissioner of Education, et al., Respondents.

Supreme Court, Special Term, Albany County.

June 4, 1970

Attorney(s) appearing for the Case

Shyleur Barrack and Patrick Berg for petitioner. Robert D. Stone and Lawrence W. Reich for respondents.

A. FRANKLIN MAHONEY, J.

This is an article 78 proceeding in the nature of a writ of mandamus to compel the Commissioner of Education to confer a Regents Graduate Teaching Fellowship upon petitioner for the school year of 1969-1970.

The fellowship, originally granted, was withdrawn on the ground that petitioner failed to qualify as a resident of this State pursuant to the provisions of subdivision 3 of section 602

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