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DANNEMORA SCH. v. SOBOL

140 Misc.2d 807 (1988)

In the Matter of Dannemora Union Free School District et al., Petitioners, v. Thomas Sobol, Individually and as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Albany County.

July 29, 1988

Attorney(s) appearing for the Case

Alan L. Gebell for petitioners. Robert E. Diaz and Bernard S. Forman for respondents.

WILLIAM H. KENIRY, J.

This CPLR article 78 proceeding challenges the propriety of the decision of the State Commissioner of Education (Commissioner) in failing to authorize a second special election in a school district annexation proceeding.

The underlying facts are undisputed. The Commissioner issued an annexation order in May 1987, pursuant to the provisions of article 37 of the Education Law, which directed the dissolution of the petitioner...

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