Savage v. Allen

This is a proceeding pursuant to article 78 of the Civil Practice Act to set aside the commissioner’s determination dismissing an appeal and sustaining the result of a special election vote approving a proposal to issue bonds for the purpose of school construe I ion.

“In an appropriate case, in a proceeding in the nature of mandamus, the court may direct a hearing to be held (Civ. Prac. Act, § 1295; Matter of Arcuri v. Macduff, 286 App. Div. 17, and the cases there cited). However, in order to be entitled to a hearing, the petitioner must demonstrate that there is a triable issue of fact, the…