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MTR GLENS FALLS v. BD OF EDUC

88 A.D.2d 233 (1982)

In the Matter of The City of Glens Falls, Respondent, v. Board of Education of the Glens Falls City School District, Appellant. (Proceeding No. 1.) In the Matter of Joan Vischer et al., Respondents, v. Robert J. Homkey et al., Constituting The Board of Education of the Glens Falls City School District, Appellants. (Proceeding No. 2.)

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

July 29, 1982

Attorney(s) appearing for the Case

Simeo J. Gallo for appellants.

McGinley, Morris, Eisenstaedt & Tharp (Richard M. Eisenstaedt of counsel), for the City of Glens Falls, respondent.

Miller, Mannix, Lemery & Kafin, P. C. (Robert J. Kafin of counsel), for Joan Vischer and others, respondents.

MAHONEY, P. J., SWEENEY, MAIN and MIKOLL, JJ., concur.

WEISS, J.

On February 8, 1982, the Board of Education of the City of Glens Falls passed two separate resolutions, each pertaining to the conversion of an existing elementary school to a middle school and providing for construction of a new addition to the present building. The first resolution included comprehensive reports on student enrollment trends, proposed economies through conversion of the existing elementary...

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