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BD. OF EDUC. v. CITY OF NY

41 N.Y.2d 535 (1977)

In the Matter of the Board of Education of the City School District of the City of New York, Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided April 5, 1977.

Attorney(s) appearing for the Case

Larry M. Lavinsky, Jeffrey A. Mishkin and Minna J. Kotkin, New York City, for appellant.

W. Bernard Richland, Corporation Counsel (Stanley Buchsbaum, James G. Greilsheimer, L. Kevin Sheridan, Alexander Gigante, Jr., and Diane R. Eisner of counsel), New York City, for respondents.

Chief Judge BREITEL and Judges GABRIELLI and WACHTLER concur with Judge JONES; Judge JASEN dissents in part and votes to modify in a separate opinion; Judges FUCHSBERG and COOKE dissent and vote to affirm in separate opinions.

JONES, J.

We hold that chapter 132 of the Laws of 1976 (commonly known as the Stavisky-Goodman Law) was duly enacted over the Governor's veto. The Assembly voted to override the veto on March 31, 1976. We conclude that the veto was likewise overridden in the Senate on April 13, 1976, in conformity both with the provisions of section 7 of article IV of the New York State Constitution and with the rules of the...

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