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BD. OF EDUC. v. NYQUIST

69 A.D.2d 182 (1979)

In the Matter of Board of Education of the City School District of the City of Newburgh, Appellant, v. Ewald B. Nyquist, as Commissioner of Education of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 26, 1979

Attorney(s) appearing for the Case

Demov, Morris, Levin & Shein (Joel J. Spector and Michael J. De Zorett of counsel), for appellant.

Robert D. Stone (Louis H. J. Welch, Jean M. Coon and Kenneth Pawson of counsel), for respondent.

GREENBLOTT, KANE and MIKOLL, JJ., concur; MAIN, J., not taking part.

MAHONEY, P. J.

In this proceeding we review the power of the Board of Regents of the State of New York and, more particularly, the Commissioner of Education to correct de facto racial imbalances in local public elementary schools by imposing pupil reassignment. The United States Supreme Court has firmly adhered to the view that only de jure segregation, i.e., a current condition of segregation resulting...

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