Board of Education v. McColgan

OPINION OF THE COURT

Richard M. Platkin, J.

Petitioner Board of Education of the Lawrence Union Free School District Number 15, Town of Hempstead (BOE or District) brings this proceeding pursuant to CPLR article 78, seeking an order vacating and setting aside the determination of respondent Richard R Mills, Commissioner of Education, dated August 31, 2007, thereby allowing the transportation referendum approved by the District’s voters on May 15, 2007 to go into effect. Petitioner also seeks preliminary and permanent injunctive relief to effectuate the foregoing.

Respondent Commissioner moves to…