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MATTER OF BALABAN v. RUBIN

20 A.D.2d 438 (1964)

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

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

March 10, 1964.

Attorney(s) appearing for the Case

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

Samet, Gordon & Riseman (Frank H. Gordon and Edward Robin of counsel), for respondents.

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

KLEINFELD and HILL, JJ., concur with BELDOCK, P. J.; CHRIST and BRENNAN, JJ., concur in the result with a separate memorandum.

BELDOCK, P. J.

The principal question presented on this appeal is: Does the Board of Education of the City of New York have the power to draw the zoning lines with respect to the attendance of children in a newly established junior high school so as to prevent segregation within that school at its inception?

Special Term held that the board had no such power...

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