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MATTER OF BORKO v. GIORDANO

29 A.D.2d 546 (1967)

In the Matter of Hyman Borko, Individually and as a Parent and Natural Guardian of Bennett P. Borko, an Infant, et al., Appellants, v. Alfred A. Giordano et al., Constituting The Board of Education of the City of New York, Respondents

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

December 11, 1967

Judgment reversed, on the law, without costs, and motion denied with leave to respondents to answer the petition within 10 days after service of a copy of the order entered hereon, with notice of entry.

No questions of fact have been considered. Respondents may lawfully and properly consider the alleviation of racial imbalance as one of the factors and criteria for the rezoning of school districts (cf. Matter of Balaban...

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