MATTER OF HEFFER v. SPAULDING


196 Misc. 583 (1949)

In the Matter of Thelma Heffer, Petitioner, v. Francis T. Spaulding, as Commissioner of Education of The State of New York, Respondent.

Supreme Court, Special Term, Onondaga County.

July 14, 1949.


Attorney(s) appearing for the Case

Charles A. Brind, Jr., and Robert Killough for respondent.

Charles R. Rinaldo for petitioner.


ZOLLER, J.

This is a motion to dismiss the petition upon the ground that it fails to state facts sufficient to constitute a cause of action.

The allegations in the petition of material facts which present here the question of law for determination and which must be treated on a motion of this kind as admitted are, in substance, that the provisions of section 1802 of the Education Law were not complied with in that three of five sets of petitions...

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