Duke & Benedict, Inc. v. Board of Education of Carmel Central School District

By order to show cause dated April 2, 1975, petitioner seeks a judgment, pursuant to CPLR article 78:

"1. annulling the resolution of the Board of Education of the Carmel Central School District adopted February 24,1975 at a regular meeting thereof, as being in excess of the jurisdiction and power of the Board of Education under the Education Law, and in violation thereof.

"2. prohibiting, restraining and cancelling the Special District Meeting of the Carmel Central School District presently scheduled to be held on April 16,1975.”

It appears from the papers before the court that respondent, at a…