MTR. OF BD. OF EDUC., MT. VERNON v. ALLEN


64 Misc.2d 379 (1970)

In the Matter of the Board of Education of the City School District of the City of Mount Vernon, Petitioner, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent, and Jeffrey L. King, by His Father and Next Friend, Lloyd King, Jr., et al., Intervenors-Respondents.

Supreme Court, Special Term, Albany County.

October 17, 1970


Attorney(s) appearing for the Case

Demov, Morris, Levin & Shein for petitioner. Robert D. Stone, John P. Jehu and Louis H. J. Welch for Commissioner of Education, respondent. Jack Greenberg, Sylvia Drew and Leonard J. Rosenfeld for intervenors-respondents.


HAROLD E. KOREMAN, J.

This is a motion by intervenors-respondents for summary judgment dismissing the petition on the ground that there are no further triable issues of fact. Respondent Commissioner of Education has joined in the motion.

A brief review of the proceedings heretofore had in this matter is in order.

The Commissioner of Education issued an order under date of June 13, 1968 directing the petitioner to eliminate racial imbalance...

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