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BD. OF EDUC. v. COMMON COUNCIL

50 A.D.2d 138 (1975)

Board of Education of the City of Syracuse, Plaintiff, v. Common Council of the City of Syracuse, Defendant

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

December 12, 1975

Attorney(s) appearing for the Case

Melvin & Melvin (Charles H. Thompson of counsel), for plaintiff.

Oot, Setright & Ciabotti (Victor J. Ciabotti of counsel), for defendant.

Carroll, Carroll & Butz (Theodore F. Denno of counsel), for Fred Pelosi and others, amici curiae.

MOULE, J. P., SIMONS, MAHONEY and WITMER, JJ., concur.

CARDAMONE, J.

This action which was commenced by the filing of a submission on agreed facts (CPLR 3222) in the office of the County Clerk of Onondaga County on October 8, 1975, seeks a judgment declaring the rights of the parties with respect to selection and acquisition of a new school site.

The parties stipulated that: on June 20, 1972 plaintiff Board of Education of the City of Syracuse (Board) appointed...

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