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Matter of Lavelle v. Gonzalez, Lumetta

Court of Appeals of the State of New York
Apr 29, 1983
450 N.E.2d 218 (N.Y. 1983)

Opinion

Argued April 29, 1983

Decided April 29, 1983

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, AARON D. BERNSTEIN, J.

Paul Henry Janis and James R. Sandner for appellant.

Martin E. Connor for respondents.



MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs, for the reasons stated in the memorandum opinion of that court.

Arguments raised by appellant in our court grounded on the manual and regulations promulgated by the board of education with the approval of the board of elections are unavailing inasmuch as the provisions of the Education Law allow for the promulgation of such regulations only to the extent that they are not inconsistent with the provisions of the Education Law (Education Law, § 2590-c, subd 6, pars [1], [32]). The latter law includes through incorporation by reference the provisions of the Election Law in which the Appellate Division rested its determination. (Education Law, § 2590-c, subd 6, par [31]).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur; Judge FUCHSBERG taking no part.

Order affirmed, without costs, in a memorandum.


Summaries of

Matter of Lavelle v. Gonzalez, Lumetta

Court of Appeals of the State of New York
Apr 29, 1983
450 N.E.2d 218 (N.Y. 1983)
Case details for

Matter of Lavelle v. Gonzalez, Lumetta

Case Details

Full title:In the Matter of JOHN L. LAVELLE et al., Respondents, v. ANNA M. GONZALEZ…

Court:Court of Appeals of the State of New York

Date published: Apr 29, 1983

Citations

450 N.E.2d 218 (N.Y. 1983)
450 N.E.2d 218
463 N.Y.S.2d 412

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