132 N.Y.S. 625 | N.Y. Sup. Ct. | 1912
I am of opinion that this proceeding must be dismissed, for the following reasons :
The relator is a resident in and president of the incorporated village of Lawrence in'Hassau county. Pursuant to sections 180 and 131 of the Education Law (Laws 1910, chap. 140) a meeting was held on April 8, 1911, at which it was voted that the village be separated from Union Free School District Ho. 15, and be and become a separate school district. The vote at the meeting was canvassed and the result certified to the respondent school commissioner Cooley, with a request that he certify that the territory of the village was a-separate school district, which is the procedure provided in subdivision 3, section 131 of the Education Law. It is apparent that school commissioner Cooley does not favor the . separation. He declined to issue the certificate until he was satisfied that the entire territory of the village of Lawrence, which is sought to be constituted a separate district, was within the boundaries of Union School District Ho. 15. It is so required in the Education Law. More than that, he coun
The village of Lawrence'then made a motion before the •State Commissioner to dismiss the pending appeals, upon the ground that he had no1 jurisdiction to hear them, as the appellants were not 'persons aggrieved within the meaning of the statute. This motion was denied, the village was granted time in which to. answer the appeals, but no further proceedings have been taken on such appeals, and they are still pending before the State Commissioner.
The relator now asks a mandamus to compel the State Commissioner of Education to rescind the order staying Commissioner Cooley from issuing the certificate of separation of the district and also commanding commissioner Cooley to issue the certificate in question.
I think the proceeding for mandamus is improper. .These matters are before the State Commissioner of Education for decision. The alleged ground on which the appeals are taken and on which Commissioner Cooley refuses to issue the certificate is that the village of Lawrence is riot wholly within School District Mo. 15. This is one of the statutory requirements before a separate school .district can be formed. The decision of this question, as well as the status of the appellants, is given
Application denied.