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LANZA v. WAGNER

11 N.Y.2d 317 (1962)

Vito F. Lanza et al., Appellants, v. Robert F. Wagner, as Mayor of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 17, 1962.

Attorney(s) appearing for the Case

Samuel Shapiro and Vito F. Lanza, in person, for appellants.

Leo A. Larkin, Corporation Counsel (Sidney P. Nadel, Seymour B. Quel and Joseph M. Callahan, Jr., of counsel), for Robert F. Wagner, as Mayor of the City of New York, respondent.

Louis J. Lefkowitz, Attorney-General (Irving Galt and Sheldon Raab of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge DESMOND and Judges BURKE and FOSTER concur with Judge FULD; Judge DYE dissents in part in a separate opinion in which Judge VAN VOORHIS concurs; Judge FROESSEL dissents in part in a separate opinion.

FULD, J.

Prior to the summer of 1961, the Education Law of this State provided that the Board of Education of the City of New York was to consist of nine members appointed by the Mayor (§ 2553, subd. 2). During the early part of August, the Mayor asked those then serving on the board to resign, and all except three tendered their resignations. On August 21, the Legislature, convened by the Governor, met...

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