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MATTER OF ROSENBERG v. BD. OF EDUC., CITY OF N. Y.

196 Misc. 542 (1949)

In the Matter of Murray B. Rosenberg et al., Petitioners, v. Board of Education of the City of New York et al., Respondents.

Supreme Court, Special Term, Kings County.

October 11, 1949.

Attorney(s) appearing for the Case

Joseph Goldstein for petitioners.

John P. McGrath, Corporation Counsel (Michael A. Castaldi of counsel), for respondents.

R. Lawrence Siegel for Committee on Academic Freedom of the American Civil Liberties Union and another, amicus curiæ.

DI GIOVANNA, J.

This is an application pursuant to article 78 of the Civil Practice Act for review of a determination permitting and allowing the use of "Oliver Twist" by Charles Dickens and "The Merchant of Venice" by William Shakespeare, in the secondary schools of the city of New York as approved reading and study material.

In exercising its duty under subdivision 3 of section 2516 of the Education Law, the respondents select textbooks regarded...

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