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  5. 50 N.Y.2d 889 (1980)
 

BD. OF EDUC. OF FREEPORT UNION FREE SCH. DIST. v. NYQUIST

50 N.Y.2d 889 (1980)

Board of Education of Freeport Union Free School District, Appellant, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, Respondent. In the Matter of Jose Santiago et al., Appellants-Respondents, v. Board of Education of Union Free School District No. 9, Freeport, Town of Hempstead, Respondent-Appellant, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 5, 1980.

Attorney(s) appearing for the Case

Alfred W. Charles and Irving M. Wall for Board of Education of Freeport Union Free School District, appellant and respondent-appellant.

Carl Jay Nathanson and Leonard S. Clark for Jose Santiago and others, appellants-respondents.

Kenneth Pawson, Robert D. Stone and Jean M. Coon for Ewald B. Nyquist, as Commissioner of Education of the State of New York, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

This appeal involves two actions, one an action for a declaratory judgment and the other a proceeding under CPLR article 78. The central issue in contention in each is whether, following the refusal of the voters to approve a school budget and the adoption by the board of education of an austerity budget for the school year 1976-1977 pursuant...

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