MTR. OF SPENCER v. BD. OF EDUC.


69 Misc.2d 1091 (1972)

In the Matter of Susan Spencer, an Infant, by Donald Spencer, Her Natural Parent, Petitioner, v. Board of Education of the City of Schenectady, Respondent.

Supreme Court, Special Term, Schenectady County.

June 9, 1972


Attorney(s) appearing for the Case

Boyle & Lynch (Robert E. Lynch of counsel), for petitioner. Simeo J. Gallo for respondent. Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Jean M. Coon of counsel), in his statutory capacity under section 71 of the Executive Law.


GUY A. GRAVES, J.

The petitioner has brought an article 78 proceeding to set aside the action of the Board of Education as being arbitrary and capricious and upon the further ground that the respondent's action in locking petitioner's name off the ballot violated the petitioner's constitutional rights under the due process clause of the Fourteenth Amendment and that further the same violated the petitioner's constitutional rights under the Twenty-Sixth...

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