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MATTER OF VETERE v. ALLEN

41 Misc.2d 200 (1963)

In the Matter of Michael Vetere, Individually and as the Parent and Natural Guardian of Anita Vetere, an Infant, and as a Resident and Taxpayer of the County of Nassau, and of Union Free School District No. 12 of the Town of Hempstead, Petitioner, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent. In the Matter of Lewis Hummel et al., Individually and as the Representative Parents and Natural Guardians of Sally A. Hummel and another, Infants, and as Residents and Taxpayers of the County of Nassau, and of Union Free School District No. 12 of the Town of Hempstead, Petitioners, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

December 31, 1963

Attorney(s) appearing for the Case

Gaylor & Hampton for petitioners. Charles A. Brind, John P. Jehu, Elizabeth M. Eastman and George B. Farrington for James E. Allen, Jr., respondent. Thomas L. Driscoll for Board of Education of Union Free School District No. 12 of the Town of Hempstead, respondent. Robert L. Carter, Barbara A. Morris and Jawn A. Sandifer for the National Association for the Advancement of Colored People, amicus curiæ.

ISADORE BOOKSTEIN, J.

In Brown v. Board of Educ. (347 U.S. 483 [1954]) the United States Supreme Court declared that segregation of races in public schools pursuant to State laws, i.e., de jure segregation, violates the Fourteenth Amendment of the United States Constitution.

More than half a century before that decision, New York State had abolished de...

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