Lush v. Commissioner of Education

This is a proceeding under article 78 of the Civil Practice Act. The Commissioner of Education dismissed the appeal by this petitioner to set aside the action of a special school district meeting which authorized the construction of a school bnilding at a cost not to exceed $1,350,000 and authorized the issuance of obligations of the district in that sum.

The vote at the meeting was as follows:

Yes 597 No 550 Blank 45 Void 1

Subdivision 2 of section 416 of the Education Law provides for ascertaining the votes of “ qualified voters attending and voting ”. When the expression “ qualified voters…