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Levert v. Central School District No. 6

10 A.D.2d 975 Court N.Y. App. Div. Decision date 1960-05-16 English

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p. 975
Albert M. Levert, Respondent, v. Central School District No. 6, Town of Huntington, Appellant.

In an action for a declaratory judgment and to enjoin the defendant from transferring pupils* of any grade below the seventh from a school in a former individual district to another school in a different district, the defendant appeals from so much of an order of the-Supreme Court, Suffolk County, entered January 7, 1960, as denied defendant’s, motion (1) to dismiss the complaint on the ground of legal insufficiency (Rules

p. 976
Civ. Prac., rule 106), and (2) to have the court decline to pronounce a declaratory judgment (Rules Civ. Prac., rule 212). Order insofar as appealed from affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldock, Christ, Pette and Brennan, JJ., concur.