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Board of Educ. of Cent. High Sch. v. Allen

Appellate Division of the Supreme Court of New York, Third Department
Jan 9, 1967
27 A.D.2d 680 (N.Y. App. Div. 1967)

Opinion

January 9, 1967


Appeals by petitioners, a Board of Education of a Central High School District and a Board of Education of a Union Free School District, from a combined order and judgment of the Supreme Court which dismissed both petitions in actions brought for declaratory judgments but subsequently and now treated as proceedings under article 78 of the CPLR (see 25 A.D.2d 659) to review determinations of the State Commissioner of Education which refused petitioners' respective requests that the Commissioner make enumerations of the inhabitants of said respective districts pursuant to section 1711 Educ. of the Education Law, prerequisite to the appointment of superintendents of schools. (Opn.: 51 Misc.2d 181. ) The thrust of appellants' attack is clearly to the constitutional validity of the statute, and we are not persuaded to the contrary by the nicety of the distinctions or qualifications which appellants urge in stating that such is not the purpose or effect of their argument. In the purely corporate capacities in which they sue, petitioners are without standing to mount such an attack. ( Black Riv. Regulating Dist. v. Adirondack League Club, 307 N.Y. 475, app. dsmd. 351 U.S. 922; County of Albany v. Hooker, 204 N.Y. 1; Board of Educ. v. Allen, 27 A.D.2d 69; City of Buffalo v. State Bd. of Equalization Assessment, 26 A.D.2d 313; and, see, also, Matter of Diocese of Rochester v. Planning Bd., 1 N.Y.2d 508, 519-520; Shepherd v. Mount Vernon Trust Co., 269 N.Y. 234, 244-247.) Were the merits open to our consideration, we would hold that the statute in dispute conferred upon the Commissioner a constitutionally valid discretionary authority which was properly exercised in the cases before us; as the Special Term found ( 51 Misc.2d 181, supra). Judgment and order in each case affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur; Staley, Jr., J., only in the result.


Summaries of

Board of Educ. of Cent. High Sch. v. Allen

Appellate Division of the Supreme Court of New York, Third Department
Jan 9, 1967
27 A.D.2d 680 (N.Y. App. Div. 1967)
Case details for

Board of Educ. of Cent. High Sch. v. Allen

Case Details

Full title:BOARD OF EDUCATION OF CENTRAL HIGH SCHOOL DISTRICT NO. 2 OF THE TOWNS OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 9, 1967

Citations

27 A.D.2d 680 (N.Y. App. Div. 1967)

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