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MATTER OF DI SANO v. STORANDT

43 Misc.2d 272 (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, Monroe County, New York, and as Parents of Students Attending No. 40 School, Suing in Behalf of Themselves and All Other Persons Similarly Situated, Petitioners, v. Lloyd V. Storandt et al., Constituting the Board of Education of the City of Rochester, et al., Respondents, and Rochester Area Council of Churches, Inc., et al., Intervenors-Respondents.

Supreme Court, Monroe County.

June 12, 1964

Attorney(s) appearing for the Case

William L. Clay for petitioners. Arthur B. Curran, Jr., Corporation Counsel (John R. Garrity of counsel), for respondents. John B. McCrory for Rochester Area Council of Churches, Inc., and another, intervenors-respondents. Robert A. Feldman for Jewish Community Council of Rochester, New York, Inc., and another, intervenors-respondents. Herman J. Walz for Nathaniel J. Hurst, as President of the Catholic Interracial Council of Rochester, and another, intervenors-respondents.

CHARLES B. BRASSER, J.

Upon the petition of petitioners-plaintiffs, an order was granted by this court directing respondents-defendants to show cause why an order should not be made enjoining and restraining the Board of Education and the Superintendent of Schools of the City of Rochester "from using public monies and moneys raised by public taxation * * * in connection with the operation of the so-called Open...

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