Kursch v. Board of Education

On the return day of an application for an order pursuant to article 78 of the Civil Practice Act, the respondent moved to dismiss the petition as a matter of law as permitted by section 1293 of the Civil Practice Act.

The respondent questions the jurisdiction of the court and the sufficiency of the statement of facts in the petition.

An examination of the petition reveals: That on May 6, 1958, at the annual school meeting of the Union Free School District No. 1, Westbury, Town of North Hempstead, the majority of the qualified voters rejected the budget for the ensuing year because it failed to…