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In the Matter of JAMES R. ELLIS, as President of the Yonkers Committee for Peace, Respondent, against JAMES E. ALLEN, JR., as Commissioner of Education of the State of New York, Appellant.

Appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution, without prejudice, however, to an application by appellant for permission to appeal. (Civ. Prac. Act, § 592, subd. 5, par. [b].) No opinion.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.

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MATTER OF ELLIS v. ALLEN
(Jan 9, 1958)