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MATTER OF ENGEL v. VITALE

10 N.Y.2d 174 (1961)

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, New York, Respondents. Henry Hollenberg et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided July 7, 1961.

Attorney(s) appearing for the Case

William J. Butler, Stanley Geller and Peter B. Schwarzkopf for appellants.

Bertram B. Daiker and Wilford E. Neier for respondents.

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

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

Mervin H. Riseman, Henry Edward Schultz, Arnold Forster, Paul Hartman, Theodore Leskes, Edwin J. Lukas and Sol Rabkin for American Jewish Committee and another, amici curiæ.

Judge FOSTER concurs with Chief Judge DESMOND; Judge FROESSEL concurs in an opinion in which Judge VAN VOORHIS concurs; Judge BURKE concurs in a separate opinion; Judge DYE dissents and votes to reverse in an opinion in which Judge FULD concurs.

Chief Judge DESMOND.

In 1951 and again in 1955 the Board of Regents, governing body of our State public school system, recommended to all local school boards that "at the commencement of each school day the act of allegiance to the Flag might well be joined with this act of reverence to God: `Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and...

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