Boyes v. Allen

This article 78 proceeding has been brought to set aside the determination of the respondent, Ewald B. Nyquist, as Acting Commissioner of Education, by which the *976conduct and result of a special election held to approve the formation of a new central school district was determined to be proper.

Originally the results of this election showed that the proposition to merge succeeded by 894 affirmative votes to 890 negative votes, with 15 ballots void. Upon review by the Acting Commissioner of Education it was determined that 43 ballots were in fact void and that the proposition actually passed by…