Markert v. Wilson

Appeal from an order of the Supreme Court, Special Term, Albany County, which granted respondent’s motion pursuant to rules 106 and 107 of the Rules of Civil Practice and dismissed a proceeding brought by the petitioner under article 78 of the Civil Practice Act. Pursuant to section 1801 of the Education Law, the respondent, on June 10, 1953, laid out Central School District No. 1 of the Towns of Glen, Mohawk, Charleston, Root and Palatine, Montgomery County, Carlisle and Esperance, Schoharie County, and Johnstown, Pulton County. At a school district meeting on June 29, 1953, the voters *1087ballot…