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MATTER OF BALABAN v. RUBIN

14 N.Y.2d 193 (1964)

In the Matter of Isidore Balaban et al., Appellants, v. Max J. Rubin et al., Constituting the Board of Education of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 7, 1964.

Attorney(s) appearing for the Case

Frank H. Gordon and Edward Robin for appellants.

Leo A. Larkin, Corporation Counsel (Seymour B. Quel and Benjamin Offner of counsel), for respondents.

Robert L. Carter, Barbara A. Morris, Jawn A. Sandifer and Joan Franklin for the National Association for the Advancement of Colored People, amicus curiæ.

Leo Pfeffer, Murray A. Gordon, Joseph B. Robison and Carol Weisbrod for American Jewish Congress, amicus curiæ.

Judges DYE, FULD, BURKE, SCILEPPI and BERGAN concur with Chief Judge DESMOND; Judge VAN VOORHIS dissents in a separate opinion.

Chief Judge DESMOND.

The question for decision: Will the courts hold invalid the adoption by a board of education of a "zoning plan" for a new public school because the board in addition to other relevant matters took into account, in delimiting the zone, the factor of racial balance in the new school? Stating the issue in another form: Does an otherwise lawful and reasonable districting plan for a newly instituted...

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