MATTER OF BD. OF EDUC. OF THE CITY SCH. DIST. OF GLEN COVE v. CITY COUNCIL OF THE CITY OF GLEN COVE


29 N.Y.2d 681 (1971)

In the Matter of Board of Education of the City School District of Glen Cove, Respondent, v. City Council of the City of Glen Cove, Appellant.

Court of Appeals of the State of New York.

Decided October 7, 1971.


Attorney(s) appearing for the Case

Albert Silver for appellant.

Joseph F. Carlino for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


MEMORANDUM.

The real property in dispute having been acquired in 1938 for education purposes for the construction of a high school from the proceeds of a bond issue and Federal grants, control of its use and disposition was in the Board of Education notwithstanding the record title was taken by the city. Upon the enactment of chapter 762 of the Laws of 1950 legal title vested in the school district. The undeveloped portion...

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