MATTER OF SPENCER v. BD. OF EDUC.


39 A.D.2d 399 (1972)

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

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

July 25, 1972.


Attorney(s) appearing for the Case

Simeo J. Gallo for appellant.

Robert E. Lynch for respondent.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon, Ruth Kessler Toch and Grace Banoff of counsel), in his statutory capacity under section 71 of the Executive Law.

GREENBLOTT, J. P., SWEENEY and SIMONS, JJ., concur in Per Curiam opinion; KANE, J., dissents and votes to modify in a separate opinion; COOKE, J., not voting.


Per Curiam.

This is an appeal from a judgment of the Supreme Court at Special Term, entered June 15, 1972 in Schenectady County, in a proceeding pursuant to article 78 of the CPLR, which granted respondent's request for an order requiring appellant to conduct a new election.

Respondent, aged 18, filed a petition for nomination as a candidate for election to fill a seat on the Schenectady Board of Education...

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