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MTR. OF UNION FREE SCHL. DIST. v. NYQUIST

65 Misc.2d 152 (1970)

In the Matter of Union Free School District No. 17, Town of Southampton, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

December 15, 1970

Attorney(s) appearing for the Case

Van Nostrand & Martin for petitioner. Robert D. Stone, John P. Jehu and Donald O. Meserve for respondent. Pelletreau & Pelletreau for Union Free School District No. 2, intervenor-respondent.

JOHN H. PENNOCK, J.

This is an article 78 proceeding to review an appeal determination of the Commissioner of Education of the State of New York on the grounds that such decision was arbitrary and capricious.

The motion of Union Free School District No. 2, of the Town of Southampton, to intervene is granted on the basis that any decision herein rendered will have a financial consequence to it.

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