MERCADO v. SCRIBNER


38 A.D.2d 444 (1972)

Lucy Mercado et al., as Parents of Children Attending a Public School in New York City Community School Board District 1, Appellants v. Harvey B. Scribner, as Chancellor of The Board of Education of the City of New York, et al., Respondents

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

April 5, 1972.


Attorney(s) appearing for the Case

Joseph Frost for appellants.

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum and Paula J. Omansky of counsel), for respondents.

RABIN, P. J., MARTUSCELLO and LATHAM, JJ., concur in Per Curiam opinion; BENJAMIN, J., dissents and votes to reverse the judgment and annul the Chancellor's determination, with an opinion, in which MUNDER, J., concurs.


Per Curiam.

This proceeding under article 78 of the CPLR was brought, inter alia, to declare the action of respondent Scribner appointing the other two respondents as trustees of the New York City Community School Board, District 1, null and void; and the appeal is from an order of the Special Term in Kings County which denied the application and dismissed the petition.

The appeal involves the issues...

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