Board of Education v. Allen

Appeal from a judgment of the Supreme Court, Albany -County, dismissing, on motion and before answer, appellant’s petition brought pursuant to CPLR article 78 and vacating a temporary stay. The petition seeks to annul and set aside a certain order of the -Commissioner of Education directing appellant to effect not later than November 4, 1968 a reassignment of students in grades one through six in the Mount Vernon School District to overcome purported racial imbalance. The Commissioner’s motion, made pursuant to -CPLR 7804 (subd. [f]) is in the nature of a demurrer and only the -petition may…