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MATTER OF VETERE v. ALLEN

15 N.Y.2d 259 (1965)

In the Matter of Michael Vetere, Individually and as Parent and Natural Guardian of Anita Vetere, an Infant, Appellant, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Respondents. In the Matter of Lewis Hummel et al., Individually and as Parents and Natural Guardians of Sally A. Hummel and Another, Infants, Appellants, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent, and Board of Education of Union Free School District No. 12 of the Town of Hempstead, New York, Appellant.

Court of Appeals of the State of New York.

Reargued February 11, 1965.

Decided March 18, 1965.

Attorney(s) appearing for the Case

Mason L. Hampton, Jr., C. William Gaylor and H. Paul King for petitioners-appellants.

Thomas L. Driscoll for Board of Education of Union Free School District No. 12, Town of Hempstead, New York, appellant.

Charles A. Brind, John P. Jehu, Elizabeth M. Eastman, George B. Farrington and Louis H. J. Welch for Commissioner of Education, respondent.

Robert L. Carter, Joan Franklin and Louis Steel for remaining respondents.

Chief Judge DESMOND and Judges DYE, FULD, BURKE and BERGAN concur in Per Curiam opinion; Judges VAN VOORHIS and SCILEPPI dissent in separate opinions.

Per Curiam.

The issue posed by the petition in terms of racial balance, which balance the Commissioner now avers is essential to a sound education, is not reviewable by this court as the following quotations from opinions show. The purpose of the grant of quasi-judicial powers under section 310 of the Education Law is "to make all matters pertaining to the general school system of the state within the authority and...

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