Trustee of School District No. 9 v. Commissioner of Education

The facts are not in dispute. On and before October 2, 1950, an order of annexation dated September 26, 1950, and reciting an effective day of December 7, 1950, was duly filed with the town clerks and the district clerks and trustees of the school district affected.

The statute provides (Education Law, § 1802, subd. 2, par. b) that a petition for a referendum in connection with such annexation must be filed “ within sixty days after the last filing of the copies of the aforesaid order ”.

The Commissioner of Education not earlier than December 5, 1950, received a petition dated December 4, 1950,…