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MATTER OF COLSON v. ALLEN

285 A.D. 797 (1955)

In the Matter of James Colson, Appellant, v. James E. Allen, Jr., as Acting Commissioner of Education of The State of New York, Respondent

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

May 11, 1955.

Attorney(s) appearing for the Case

George T. Heffernan for appellant.

Charles A. Brind, Jr., and John P. Jehu for respondent.

Edgar C. Leonhardt for Central School District, Fonda, New York.

FOSTER, P. J., BERGAN, IMRIE and ZELLER, JJ., concur.

HALPERN, J.

The petitioner appeals from an order of the Special Term dismissing a proceeding brought under article 78 of the Civil Practice Act to review a decision of the Commissioner of Education with respect to the sufficiency of the vote at a central school district meeting to adopt a resolution approving the establishment of the district.

The statute (Education Law, § 1803, subd. 1) provides...

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