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MATTER OF VAN BLERKOM v. DONOVAN

22 A.D.2d 71 (1964)

In the Matter of Walter Van Blerkom et al., Suing on Behalf of Themselves and All Persons Similarly Situated, Appellants, v. James B. Donovan et al., Constituting The Board of Education of the City of New York, Respondents

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

November 12, 1964.

Attorney(s) appearing for the Case

J. Dudley Devine for appellants.

Isidore Heyman of counsel (Seymour B. Quel, Joseph M. Callahan, Jr., with him on the brief; Leo A. Larkin, Corporation Counsel), for respondents.

RABIN, J. P., VALENTE, STEVENS and STALEY, JJ., concur in Per Curiam opinion; STEUER, J., dissents in opinion.

Per Curiam.

The order dismissing the petition to review the action of the Board of Education of the City of New York in rezoning elementary Public School 6, Manhattan, effective as of the school term commencing September, 1964, should be affirmed, without costs, on the opinion of Justice LUPIANO at Special Term. However, in view of the dissent of Justice STEUER — calling for a trial — it is necessary to...

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