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WALDERT v. CITY OF ROCHESTER

90 Misc.2d 472 (1977)

Jeannette C. Waldert, Plaintiff, v. City of Rochester, Defendant, and Thomas R. Frey, Intervenor-Defendant. Jean W. Jones et al., Plaintiffs, v. City School District of the City of Geneva, Defendant.

Supreme Court, Monroe County, Ontario County.

June 15, 1977.

Attorney(s) appearing for the Case

Van Voorhis & Van Voorhis (John J. Van Voorhis of counsel), for plaintiffs. Louis N. Kash, Corporation Counsel, for City of Rochester, defendant. Herman J. Walz for Thomas R. Frey, defendant. Albert E. Bond for City School District of City of Geneva, defendant. Coughlin & Gerhart (Peter H. Bouman of counsel), for City School District of City of Binghamton, amicus curiae. Harry Treinin for City School District of City of Corning, amicus curiae.

MARSHALL E. LIVINGSTON, J.

Plaintiffs, Waldert, Jones, Powers and Felice, taxpayers in the City of Rochester and the City School District of Geneva, New York, respectively, are before me asserting that they are entitled to summary judgments declaring that chapter 349 of the Laws of 1976 is unconstitutional and void. They assert that it is in violation of section 10 and subdivision (b) of section 11 of article...

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