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MATTER OF ADDABBO v. DONOVAN

22 A.D.2d 383 (1965)

In the Matter of Remo J. Addabbo, Individually and as the Parent and Natural Guardian of Raymond Addabbo, an Infant, et al., Appellants, v. James B. Donovan et al., Constituting The Board of Education of the City of New York, et al., Respondents

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

January 11, 1965.

Attorney(s) appearing for the Case

Bernard Kessler for appellants.

Leo A. Larkin, Corporation Counsel (Seymour B. Quel, Joseph M. Callahan, Jr., and Sidney P. Nadel of counsel), for respondents.

BRENNAN and HOPKINS, JJ., concur with BELDOCK, P. J.; UGHETTA, J., concurs in opinion; CHRIST, J., concurs in opinion.

BELDOCK, P. J.

In Matter of Balaban v. Rubin (20 A.D.2d 438, affd. 14 N.Y.2d 193) a new junior high school was constructed in a fringe area, and the Board of Education fixed the attendance zone for the new school in such a manner as to effect a better racial balance therein. The plan was upheld against an attack by white parents who...

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