Opinion
July 2, 1953.
Appeal from Supreme Court, Ulster County.
Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ. [ 203 Misc. 566.] [See post, p. 847.]
On November 24, 1950, the Commissioner of Education laid out a new central school district and included therein a portion of the school district of petitioner. It is claimed petitioner has been damaged by being deprived of a part of its territory for taxing purposes and as security for its bonds. Section 1801 Educ. of the Education Law authorized the Commissioner of Education to do what he did. The questions raised by petitioner have been recently decided in Matter of Bethlehem Union Free School Dist. v. Wilson ( 303 N.Y. 107). The action of the commissioner was authorized by law and was not arbitrary or capricious. The motion by appellant George B. Smith to intervene was not timely made. Order unanimously affirmed, with $10 costs.