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MATTER OF DI SANO v. STORANDT

22 A.D.2d 6 (1964)

In the Matter of Vincent Di Sano et al., Individually and as Representatives of No. 40 School District Association, as Taxpayers of The City of Rochester, and as Parents of Students Attending No. 40 School, Suing in Behalf of Themselves and All Other Persons Similarly Situated, Respondents, v. Lloyd V. Storandt et al., Constituting The Board of Education of the City of Rochester, et al., Appellants, and Rochester Area Council of Churches, Inc., et al., Intervenors-Appellants

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

October 22, 1964.

Attorney(s) appearing for the Case

John R. Garrity and Arthur B. Curran, Jr., for appellants.

John B. McCrory for Rochester Area Council of Churches and another, intervenors-appellants.

John B. McCrory and Robert A. Feldman for Jewish Community Council of Rochester, Inc., and another, intervenors-appellants.

John B. McCrory and Herman J. Walz for Nathaniel J. Hurst and another, intervenors-appellants.

William L. Clay for respondents.

WILLIAMS, P. J., BASTOW, HENRY and NOONAN, JJ., concur.

DEL VECCHIO, J.

This appeal is from a judgment enjoining and restraining the Board of Education and the Superintendent of Schools of the City of Rochester from carrying into effect an open enrollment program and from transferring students from one public school to another in the City of Rochester for the purpose of correcting so-called racial imbalance.

On June 14, 1963 the State Commissioner of Education...

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