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

32 A.D.2d 98 (1969)

In the Matter of The Board of Education of the City of Buffalo, Respondent, v. City of Buffalo et al., Appellants

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

May 15, 1969.

Attorney(s) appearing for the Case

Johnson & Bayger and Frank R. Bayger (John B. Corcoran of counsel), for appellants.

McDonough, Boasberg, McDonough & Beltz (Charles J. McDonough of counsel), for respondent.

George I. Wallach for New York Civil Liberties Union, amicus curiæ.

GOLDMAN, P. J., WITMER, MOULE and BASTOW, JJ., concur.

GABRIELLI, J.

This is an appeal from a judgment of the Supreme Court at Special Term (KRONENBERG, J.) entered in Erie County, September 8, 1968 which denied an application to dismiss an article 78 proceeding, and which further (1) declared unconstitutional an amendment to the Buffalo City Ordinances, (2) directed the issuance of building permits, and (3) restrained defendants from enforcing the amendment to the...

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