MATTER OF ENGEL v. VITALE


18 Misc.2d 659 (1959)

In the Matter of Steven I. Engel et al., Petitioners, v. William J. Vitale, Jr., et al., Constituting the Board of Education of Union Free School District Number Nine, New Hyde Park, Respondents, and Henry Hollenberg et al., Intervenors-Respondents.

Supreme Court, Special Term, Nassau County.

August 24, 1959.


Attorney(s) appearing for the Case

Butler, Jablow & Geller for petitioners.

Gunn, Neier & Daiker for respondents.

Charles A. Brind for Board of Regents of the University of the State of New York, amicus curiæ.

Hahn, Hahn & Ford (Porter R. Chandler, Thomas J. Ford of counsel), for intervenors-respondents.


BERNARD S. MEYER, J.

Does any provision of the United States or New York State Constitution invalidate a school board resolution directing that as a daily procedure, following the salute to the flag, the following prayer be said in the schools of the district: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country"?

The attempt...

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