MATTER OF PHILLIPS v. MAURER


67 N.Y.2d 672 (1986)

In the Matter of Jean M. Phillips, Appellant, v. Robert J. Maurer, as Acting Commissioner of Education of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 4, 1986.


Attorney(s) appearing for the Case

Christopher J. Enos for appellant.

Kenneth Pawson and Robert D. Stone for Robert J. Maurer, as Acting Commissioner of Education of the State of New York, respondent.

John W. Glavin for Board of Education of the Wheatland-Chili Central School District, respondent.

Jay Worona and Norman H. Gross for New York State School Boards Association, amicus curiae.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum; Judge HANCOCK, JR., taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court, Albany County, reinstated.

We agree with the Appellate Division that Education Law §§ 1716 and 1709 (33) authorize a board of education to "present a proposed annual budget, accompanied by educational and informational material to enlighten the voters" (109 A.D.2d 998

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