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MTR. OF TINSLEY v. MONSERRAT

33 A.D.2d 316 (1970)

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

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

February 26, 1970.

Attorney(s) appearing for the Case

Alfred Weinstein of counsel (Stanley Buchsbaum and Charles D. Maurer with him on the brief; J. Lee Rankin, Corporation Counsel), for appellants.

Michael B. Rosen of counsel (Nancy E. Leblanc, attorney), for respondents.

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

Sheila Rush Jones of counsel (Caroline Heft, C. Bedford Johnson and Mary Marsh Zulack with her on the brief; Stephen L. Kass, attorney), for East Harlem Coalition for Community Control, amicus curiæ.

McGIVERN and STEUER, JJ., concur with MARKEWICH, J.; STEVENS, P. J., dissents in opinion.

MARKEWICH, J.

This is a proceeding pursuant to article 78 of the CPLR to review the determination, made December 22, 1969, by respondents, members of the interim Board of Education of the City of New York ("Board"), whereby, as provided by section 2590-b of the Education Law (L. 1969, ch. 330, as amd. by L. 1970, ch. 3), the Board purported to promulgate a final plan of "District Boundary Lines Under the Community...

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