Hyperlawhypertext legal database Board of Education v. State Department of Education 275 A.D.2d 1041

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Board of Education v. State Department of Education

275 A.D.2d 1041 Court N.Y. App. Div. Decision date 1949-10-03 English

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p. 1041
In the Matter of Board of Education of the City of Beacon, Appellant, against State Department of Education, by Francis T. Spaulding, as Commissioner of Education of the State of New York, et al.,
p. 1042
Respondents.

In our opinion section 1287 of the Civil Practice Act authorized the commencement and the maintaining of the proceeding in Dutchess County, the county wherein occurred, as alleged in the petition, the underlying events which gave rise to the official action sought to be reviewed herein. (Matter of Daley v. Board of Estimate of City of N. Y., 258 App. Div. 165 ; Matter of Zorach v. Clauson, 275 App. Div. 774 .) Respondents’ time to answer is extended until ten days after service of a copy of the order to be entered hereon. Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.