COUNCIL SUPERVISORY ASSNS. v. BD. OF EDUC.


31 A.D.2d 34 (1968)

In the Matter of Council of Supervisory Associations of the Public Schools of New York City et al., Respondents-Appellants, v. Board of Education of the City of New York et al., Appellants-Respondents, and Edna Gordon et al., Intervenors

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

November 15, 1968.


Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum, Sanford I. Freedman and Lawrence Cherkis of counsel), for appellants-respondents.

Vladeck, Elias, Frankle, Vladeck & Lewis (Max H. Frankle, Everett E. Lewis and Bernard Yaker of counsel), for respondents-appellants.

Jack Greenberg, Conrad K. Harper and William Bennett Turner for Edna Gordon and another, intervenors.

Harold J. Rothwax (Robert Sugarman of counsel), for Parent Development Program of the Two Bridges Neighborhood Council, Inc., intervenor.

RABIN and BRENNAN, JJ., concur with BELDOCK, P. J.; CHRIST, J., dissents from so much of the determination herewith as affirms the third and fourth paragraphs of the judgment, which adjudge that four certain appointments to the position of principal are invalid and that the positions held under those appointments are vacant; and votes to modify the judgment so as to provide that the creation of the positions in question was valid and otherwise to affirm the judgment and order insofar as appealed from, with an opinion, in which HOPKINS, J., concurs.


BELDOCK, P. J.

This is a proceeding pursuant to article 78 of the CPLR which, inter alia, now seeks to review the appointment of four Principals of four designated "Demonstration Elementary Schools" in the Ocean Hill-Brownsville Demonstration Project. Originally there was also involved the appointment of Rhody A. McCoy as Administrator, Demonstration District, Ocean Hill-Brownsville Decentralization Project...

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