BETHLEHEM STEEL CORP. v. BD. OF EDUC. OF THE CITY SCH. DIST. OF LACKAWANNA


44 N.Y.2d 831 (1978)

Bethlehem Steel Corporation, Respondent, v. Board of Education of the City School District of Lackawanna et al., Appellants; Louis J. Lefkowitz, as Attorney-General of the State of New York, Intervenor. Jean W. Jones et al., Respondents-Appellants, v. City School District of the City of Geneva, Appellant-Respondent; Louis J. Lefkowitz, as Attorney-General of the State of New York, Intervenor. Jeannette C. Waldert, Respondent-Appellant, v. City of Rochester, Appellant-Respondent; Thomas R. Frey, Intervenor-Appellant-Respondent; Louis J. Lefkowitz, as Attorney-General of the State of New York, Intervenor.

Court of Appeals of the State of New York.

Remittiturs signed June 8, 1978

Decided May 9, 1978.


Attorney(s) appearing for the Case

John J. Olszewski and Peter A. Vinolus for appellants in the first above-entitled action.

Albert E. Bond for appellant-respondent in the second above-entitled action.

Louis N. Kash, Corporation Counsel (Susan L. Hauser and Barry C. Watkins of counsel), for appellant-respondent in the third above-entitled action.

David K. Floyd and David Alan Sands for respondent in the first above-entitled action.

John Van Voorhis for respondents-appellants in the second and third above-entitled actions.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

Harry Treinin for City School District of City of Corning, amicus curiae.

Joseph P. McNamara, Corporation Counsel of City of Buffalo (Stanley A. Moskal, Jr., of counsel), amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.


Per Curiam.

For the reasons expressed in the opinion of Mr. Justice STEWART F. HANCOCK, JR., at the Appellate Division, chapters 349 (as amd by ch 485) and 484 of the Laws of 1976, insofar as it assigns a period of probable usefulness to the cost of current health and dental insurance coverage, are declared unconstitutional in their entirety. The challenged legislation, including the alternative State Real Property...

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