MATTER OF TINSLEY v. MONSERRAT


26 N.Y.2d 110 (1970)

In the Matter of Sara Tinsley et al., Individually, as Parents, and as Presidents of Parent-Teacher Associations in the Borough of Manhattan, Appellants, v. Joseph Monserrat et al., Constituting the Board of Education of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 5, 1970.


Attorney(s) appearing for the Case

Michael B. Rosen and Nancy E. LeBlanc for appellants.

J. Lee Rankin, Corporation Counsel (Alfred Weinstein, Stanley Buchsbaum and Charles D. Maurer of counsel), for respondents.

Stephen L. Kass, Sheila Rush Jones, Caroline Heft, C. Bedford Johnson and Mary Marsh Zulack for The East Harlem Coalition For Community Control, amicus curiae.

Peter S. Herman for Concerned Parents of East Harlem, amicus curiae.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


Chief Judge FULD.

We agree with the conclusion reached by Presiding Justice STEVENS in his dissenting opinion in the Appellate Division. The Board of Education must prepare and submit a new school districting plan for the Borough of Manhattan and thereafter hold a public hearing on such plan in accordance with the provisions of the Education Law (§ 2590-b; L. 1969, ch. 330, as amd. by L. 1970, ch. 3).

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