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MATTER OF DE HOND v. NYQUIST

65 Misc.2d 526 (1971)

In the Matter of Gordon J. De Hond, Petitioner, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

January 29, 1971

Attorney(s) appearing for the Case

Wiser, Shaw, Freeman, Van Graafeiland, Harter & Secrest (James A. Locke of counsel), for petitioner. Robert D. Stone and John P. Jehu for Ewald B. Nyquist, as Commissioner of Education, respondent. Stephen M. Jacobstein for William J. Towler, III, and another, respondents.

GEORGE L. COBB, J.

In this article 78 proceeding the petitioner seeks an order prohibiting the Commissioner of Education (hereinafter "Commissioner") from determining an appeal which challenges petitioner's right to serve as a member of the Board of Education of the City School District of the City of Rochester.

On November 4, 1969, at a municipal election of the City of Rochester, the petitioner was elected to the Board of Education. He filed...

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