ALBAUM v. CAREY

No. 67-C-583.

310 F.Supp. 594 (1969)

Elvin ALBAUM, Plaintiff, v. Thomas F. CAREY, Superintendent of Schools of Union Free School District #15, and Arthur Carin, Hal-Curtis Felsher, Howard T. Jankowitz, William Mayhew and Samuel Springer, constituting the Board of Education of Union Free School District #15, Jericho, New York, Defendants.

United States District Court, E. D. New York.

December 18, 1969.


Attorney(s) appearing for the Case

I. Leonard Feigenbaum, Melville, N. Y., for plaintiff.

Louis N. Orfan, West Hempstead, N. Y., for defendants.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for intervenor-defendant, State of New York; Joel Lewittes, New York City, of counsel.

Before MOORE, Circuit Judge, and BARTELS and WEINSTEIN, District Judges.


MEMORANDUM AND ORDER

PER CURIAM.

The action must be dismissed.

As to the first cause of action for a judgment declaring section 3012(2) of the New York Education Law invalid: the "competent, efficient and satisfactory" language of the section refers to definite criteria enforceable in New York courts through an Article 78 proceeding the requirements of the federal and state constitutions are read into the provision. Cf. Albaum v. Carey,

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