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., Appellants,
v.
James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent, and Michael Rock et al., Intervenors-Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 2, 1967.
Decided June 1, 1967.
Attorney(s) appearing for the Case
Marvin E. Pollock for appellants.
Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondent.
Porter R. Chandler, James J. MacKrell, Richard E. Nolan and Jerome M. Congress for intervenors-respondents.
Michael M. D'Auria, Thomas J. Ford and Edward J. Walsh, Jr., for Catholic Lawyers Guild of the Diocese of Rockville Centre, amicus curiæ.
David Orlin for Executive Boards of the Parent-Teachers' Associations of Public Schools 6 and 198 and others, amici curiæ.
Whitman Knapp and Thomas V. Urmy, Jr., for Public Education Association, amicus curiæ.
Theodore D. Hoffman and Stephen J. Masse for Atlantic District of the Lutheran Church-Missouri Synod and others, amici curiæ.
Lester I. Goodman for National Jewish Commission on Law and Public Affairs, amicus curiæ.
Reuben E. Gross for Agudath Israel of America, amicus curiæ.
Arnold Forster, Theodore Ellenoff, Edwin J. Lukas, Harvey Feuerstein, Abraham H. Foxman, Bertram S. Halberstadt, Paul Hartman, Samuel Rabinove and Sol Rabkin for Anti-Defamation League of B'nai B'rith and another, amici curiæ.
Murray A. Gordon, Marvin M. Karpatkin, Leo Pfeffer, Howard M. Squadron, David I. Ashe, Joseph B. Robison and Lester Greenberg for American Jewish Congress and others, amici curiæ.
Judges BURKE, BERGAN and KEATING concur with Judge SCILEPPI; Judge VAN VOORHIS dissents and votes to reverse in a separate opinion in which Chief Judge FULD and Judge BREITEL concur.
Court of Appeals of the State of New York.
SCILEPPI, J.
Section 1 of chapter 320 of the Laws of 1965 provides in part: "It is hereby declared to be the public policy of the state that the public welfare and safety require that the state and local communities give assistance to educational programs which are important to our national defense, and the general welfare of the state." (L. 1965, ch. 320, § 1.)
In keeping with this declaration of...
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