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BD. OF TRS. v. COMR. OF EDUC.

40 A.D.2d 239 (1972)

Board of Trustees of Common School District No. 2 of the Town of Dickinson, Appellant, v. Commissioner of Education of the State of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 28, 1972.

Attorney(s) appearing for the Case

Gerhart & Khunen (Dwight R. Ball of counsel), for appellant.

Hinman, Howard & Kattell (Clayton M. Axtell, Jr., and James M. Hayes of counsel), for Central School District No. 1, respondent.

Robert D. Stone (John P. Jehu of counsel), for Commissioner of Education and another, respondents.

Coughlin, Dermody & Guy (Edward S. Dermody of counsel), for City School District of City of Binghamton, respondent.

STALEY, JR., COOKE, SWEENEY and KANE, JJ., concur.

HERLIHY, P. J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered in Albany County, which dismissed petitioner's application, in a proceeding pursuant to article 78 of the CPLR to annul respondent's determination proposing reorganization of certain school districts.

Proceedings had been had pursuant to section 314 of the Education Law which resulted in a report by the respondent...

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