MATTER OF ENGEL v. VITALE


11 A.D.2d 340 (1960)

In the Matter of Steven I. Engel et al., Appellants, 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

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 17, 1960.


Attorney(s) appearing for the Case

William J. Butler (Stanley Geller and Peter B. Schwartzkopf of counsel), for appellants.

Bertram B. Daiker (Wilford E. Neier of counsel), for Board of Education, respondent.

Porter R. Chandler (Thomas J. Ford and Richard E. Nolan of counsel), for intervenors-respondents.

Charles A. Brind (John P. Jehu, Elizabeth M. Eastman and George B. Farrington of counsel), for Board of Regents of the University of the State of New York, amicus curiæ.

NOLAN, P. J., CHRIST, PETTE and BRENNAN, JJ., concur in Per Curiam opinion; BELDOCK, J., concurs in part and dissents in part, in opinion.


Per Curiam.

The purpose of this article 78 proceeding is to compel the local school board to discontinue its practice of requiring daily recitation in the schools of the "Regents' Prayer", which reads as follows: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country."

The Justice at Special Term, in a comprehensive opinion (Matter of Engel v. Vitale,

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