Stephan v. Allen

This is a proceeding pursuant to article 78 of the Civil Practice Act to review the determination of the Commissioner of Education in dismissing an appeal.

The issue is the right to office of a member of the school hoard of a union free school district in Nassau County.

A special meeting was called by the school board for June 25, 1955, for the purpose of electing two additional members. No candidate received a majority of the votes cast. The candidates who received a plurality of the votes cast were seated as members of the board. Because of the failure of these candidates to receive a…