NYC SCH. BDS. v. BD. OF EDUC.


39 N.Y.2d 111 (1976)

In the Matter of the New York City School Boards Association, Inc., et al., Appellants, v. Board of Education of the City School District of the City of New York et al., Respondents, and United Federation of Teachers, Intervenor-Respondent. (And Two Other Proceedings.)

Court of Appeals of the State of New York.

Decided March 25, 1976.


Attorney(s) appearing for the Case

Michael A. Rebell for appellants.

W. Bernard Richland, Corporation Counsel (Doron Gopstein of counsel), for respondents.

James R. Sandner, Nancy E. Siegel, David N. Stein and Jeffrey S. Karp for intervenor-respondent.

Robert D. Stone and Lawrence W. Reich for Ewald B. Nyquist, Commissioner of Education, amicus curiae.

Arnold Rothbaum, Ira S. Bezoza and Eugene C. Gratz for Public Education Association and others, amici curiae.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


Chief Judge BREITEL.

Petitioners, New York City School Boards Association and 22 community school districts, brought a CPLR article 78 proceeding to prohibit respondent New York City Board of Education from implementing a collective bargaining agreement with intervenor United Federation of Teachers. Supreme Court dismissed the petition. The Appellate Division affirmed and petitioners appeal.

The issue...

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