Gorfinkel v. Allen

The petitioner has commenced this article 78 proceeding against James E. Allen, Jr., as Commissioner of New York State Education Department, to obtain a judgment directing Commissioner Allen, “ to exercise his powers pursuant to Section 306 of the State Education Law, subdivision 1 and 2 to suspend and/or dissolve the New York City Board of Education, and upon such suspension or dissolution, to assume the direction and administration of the New York City School System, subject to the further order of this court”. The respondent has moved to dismiss upon the ground that the petition fails to…