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SCHUYLERVILLE CENT v. COMMR.

152 A.D.2d 241 (1989)

In the Matter of Schuylerville Central School District, Appellant, v. Commissioner of Education of the State of New York, Respondent, and Eugene Salerni et al., Intervenors-Respondents

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

December 14, 1989

Attorney(s) appearing for the Case

Hogan & Sarzynski (John B. Hogan of counsel), for appellant.

Robert E. Diaz (Richard J. Trautwein of counsel), for respondent.

MAHONEY, P. J., KANE, LEVINE and MERCURE, JJ., concur.

CASEY, J.

At issue on this appeal is whether respondent, the Commissioner of Education, has the authority to direct a Board of Education to consent to the alteration of one of its school district boundary lines. We agree with Supreme Court that the Commissioner has such authority and that a rational basis exists in this case for the exercise of such authority. The judgment dismissing the petition should, therefore...

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