MATTER OF CORNING v. DONOHUE


29 N.Y.2d 209 (1971)

In the Matter of Erastus Corning, 2nd, Appellant, v. Thomas F. Donohue et al., Constituting the Board of Elections of Albany County, Respondents, and Louis J. Lefkowitz, as Attorney-General of the State of New York, et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided October 21, 1971.


Attorney(s) appearing for the Case

Harvey M. Lifset for appellant.

Arthur J. Harvey and Lawrence F. Klepper for Edward Applebaum and others, intervenors-respondents.

Louis J. Lefkowitz, Attorney-General (William J. Kogan, Ruth Kessler Toch and Jean M. Coon of counsel), intervenor-respondent, pro se.

John J. Clyne for respondents.

Judges BURKE, BREITEL, JASEN and GIBSON concur with Chief Judge FULD; Judge BERGAN dissents and votes to reverse in a separate opinion in which Judge SCILEPPI concurs.


Chief Judge FULD.

Whether chapter 462 of the Laws of 1970 — which amended article 52 of the Education Law — is applicable to the City of Albany after July 1, 1971, is the principal question posed by this appeal. We agree with the Appellate Division that it is.

Section 2550 of the Education Law, contained in article 52, declares that "This article [article 52] shall apply to the school districts...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases