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MATTER OF VAN BLERKOM v. DONOVAN

15 N.Y.2d 399 (1965)

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.

Court of Appeals of the State of New York.

Decided April 22, 1965.

Attorney(s) appearing for the Case

J. Dudley Devine for appellants.

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

Judges DYE, FULD, BURKE and BERGAN concur with Chief Judge DESMOND, Judge VAN VOORHIS concurring to affirm as constrained by Matter of Balaban v. Rubin (, cert. den. 379 U.S. 881) and Matter of Vetere v. Allen (, affd. ); Judge SCILEPPI dissents in a separate opinion.

Chief Judge DESMOND.

This is an article 78 proceeding brought by parents against the New York City Board of Education for a judgment annulling a determination of the board which, effective as of September, 1964, rezoned Public School No. 6 in Manhattan. The position of the petitioners — that the rezoning of this school was unreasonable, arbitrary and in excess of the discretionary powers of the Board of...

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