KRYGER v. BD. OF EDUC. OF THE NEW YORK SCH. DIST. OF THE CITY OF NEW YORK


37 A.D.2d 622 (1971)

Lawrence S. Kryger, as President, on Behalf of The Community School Board No. 26, Borough of Queens, Respondent, v. Board of Education of the New York School District of the City of New York et al., Appellants

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

June 23, 1971


Judgment reversed, on the law, without costs; plaintiff's cross application for summary judgment denied; defendants' motion for summary judgment granted; and it is adjudged that Community School Board No. 26 was without the power and authority to pass the resolution in question and that defendant Chancellor was acting within his power and authority in ordering supersession of said resolution. Appeal from the order of October 19, 1970 dismissed as moot, without costs.

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