MATTER OF BD. OF TRS. OF COMMON SCH. DIST. NO. 2 OF THE TOWN OF DICKINSON v. COMM'R OF EDUC. OF THE STATE OF NEW YORK


33 N.Y.2d 601 (1973)

In the Matter of Board of Trustees of Common School District No. 2 of the Town of Dickinson, Respondent, v. Commissioner of Education of the State of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided July 3, 1973.


Attorney(s) appearing for the Case

John P. Jehu and Robert D. Stone for the Commissioner of Education and the Committee of the Board of Regents, appellants.

James M. Hayes and Clayton M. Axtell, Jr. for Central School District No. 1, appellant.

Edward S. Dermody for the City School District of the City of Binghamton, appellant.

Dwight R. Ball for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs. The State Education Department, its governing body, the Board of Regents, the Committee of Regents, designated ad hoc as provided by law, and the Commissioner of Education are integrally related (Education Law, § 101). Indeed, it is doubtful but not necessary to decide whether the Committee of Regents was a continuing or suable...

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