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MATTER OF ANDERSON v. ALLEN, JR.

282 A.D. 993 (1953)

In the Matter of William M. Anderson, Individually and as a Member of The Board of Education of Union Free School District No. 1 of the Towns of Oyster Bay and North Hempstead, Nassau County, Appellant, v. James E. Allen, Jr., as Acting Commissioner of Education, Respondent

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

November 12, 1953.

On June 5, 1953, James E. Allen, Jr., deputy commissioner of education, duly appointed by the Board of Regents, made an order laying out a central school district in the county of Nassau. He was designated in the order as "Acting Commissioner". Petitioner in this proceeding sought to have the order annulled on the sole ground that only the Commissioner of Education was authorized to make the order, and that the deputy commissioner...

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