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  5. 36 N.Y.2d 941 (1975)
 

O'DONNELL v. ANTIN

36 N.Y.2d 941 (1975)

Brian O'Donnell et al., Appellants, v. Arthur A. Antin et al., Respondents.

Court of Appeals of the State of New York.

Decided June 12, 1975.

Attorney(s) appearing for the Case

Leon J. Greenspan and Dennis G. Katz for appellants.

Peter J. Mutino for respondents.

Louis J. Lefkowitz, Attorney-General (Jesse J. Fine and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Judgment affirmed, without costs, on the reasoning contained in the opinion by Mr. Justice JOHN C. MARBACH at Special Term (81 Misc.2d 849) except that it is not necessary for the court in this case to reach the question of the right of private and parochial schools to participate in public...

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