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BD. OF EDUC. v. ALLEN

27 A.D.2d 69 (1966)

Board of Education of Central School District No. 1, Towns of East Greenbush, Nassau, Schodack, Sand Lake and North Greenbush, Rensselaer County, and Chatham, Columbia County, et al., Respondents, v. James E. Allen, Jr., as Commissioner of Education of The State of New York, Appellant, and Michael Rock et al., Intervenors-Appellants

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

December 30, 1966.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for appellant.

James J. MacKrell (Davis Polk Wardwell Sunderland & Kiendl, Porter R. Chandler and Richard E. Nolan of counsel), for intervenors-appellants.

Marvin E. Pollock for respondents.

Lester I. Goodman for National Jewish Commission of Law & Public Affairs, amicus curiæ.

Joseph B. Robison for Metropolitan Council, American Jewish Congress, amicus curiæ.

Reuben E. Gross for Agudath Israel of America, amicus curiæ.

Thomas J. Ford for Catholic Lawyers Guild of the Diocese of Rockville Centre, amicus curiæ.

Theodore D. Hoffman for Atlantic District of the Lutheran Church-Missouri Synod, Eastern District of the Lutheran Church-Missouri Synod and another, amici curiae.

GIBSON, P. J., and REYNOLDS, J., concur with HERLIHY, J.; STALEY, JR., J., concurs in result, in opinion, in which BRINK, J., concurs.

HERLIHY, J.

This is an appeal from an order and judgment which declared chapter 320 of the Laws of 1965 in violation of the Constitutions of the State of New York and of the United States.

Section 701 of the Education Law provides for the purchase of textbooks with public moneys for loan to students enrolled in grades 7 through 12 in public or private schools. The constitutional question involves the issue...

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