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BOARD OF EDUCATION OF LAWRENCE UNION FREE SCHOOL DISTRICT NUMBER 15 v. McCOLGAN

18 Misc.3d 572 (2007)

846 N.Y.S.2d 889

BOARD OF EDUCATION OF THE LAWRENCE UNION FREE SCHOOL DISTRICT NUMBER 15, TOWN OF HEMPSTEAD, Petitioner, v. GARVAN McCOLGAN et al., Respondents.

Supreme Court, Albany County.

December 7, 2007.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Albany (Kelly L. Munkwitz of counsel), for Richard P. Mills, respondent.

Minerva & D'Agostino, P.C., Valley Stream (Albert A. D'Agostino and Ross M. Gerber of counsel), for petitioner.

Elizabeth Meyerson, Atlantic Beach, for Garvan McColgan and others, respondents.

OPINION OF THE COURT

RICHARD M. PLATKIN, J.

Petitioner Board of Education of the Lawrence Union Free School District Number 15, Town of Hempstead (BOE or District) brings this proceeding pursuant to CPLR article 78, seeking an order vacating and setting aside the determination of respondent Richard P. Mills, Commissioner of Education, dated August 31, 2007, thereby allowing the transportation referendum approved by the District's voters on May 15, 2007 to...

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