Opinion
December 20, 1961
In an action by two members of the Board of Education of the City of New York: (a) to declare unconstitutional a statute (L. 1961, ch. 971) which provides for the termination of the terms of office of all the then members of the board and for the appointment of their successors; and (b) to enjoin the Mayor of the City of New York from appointing the new members, plaintiffs appeal: (1) from an intermediate order of the Supreme Court, Kings County, dated September 19, 1961, denying their motion for a temporary injunction; (2) from a final order of said court, dated September 29, 1961, again denying said motion and granting defendants' cross motion, made on oral argument, to dismiss the complaint; and (3) from the judgment, dated October 11, 1961, entered on said orders, dismissing the complaint. Orders and judgment affirmed, without costs. No opinion. Ughetta, Acting P.J., Christ, Pette and Brennan, JJ., concur. [ 30 Misc.2d 212.]