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MTR. BD. OF EDUC. v. CITY OF BUFFALO

57 Misc.2d 472 (1968)

In the Matter of Board of Education of the City of Buffalo, New York, Petitioner and Plaintiff, v. City of Buffalo et al., Respondents and Defendants.

Supreme Court, Erie County.

August 22, 1968

Attorney(s) appearing for the Case

McDonough, Boasberg, McDonough & Beltz (Charles J. McDonough of counsel), for petitioner and plaintiff. Johnson & Bayger (Frank R. Bayger and William E. Balthaser of counsel), for respondents and defendants. Robert D. Stone and John P. Jehu for Commissioner of Education of State of New York, amicus curiæ. Fudeman & Renaldo (Irving Fudeman of counsel), for Citizens Council on Human Relations, Inc., amicus curiæ. Ira J. Pressman for American Civil Liberties Union, amicus curiæ.

FRANK J. KRONENBERG, J.

The Board of Education of the City of Buffalo, New York, petitioner and plaintiff herein, instituted an article 78 proceeding directing the respondents and defendants to show cause at Special Term of this court on July 31, 1968 why an order should not be granted herein, as follows:

(1) Determining that the purported amendment to section 201 of chapter XII of the Buffalo City Ordinances was unconstitutional, ultra vires...

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