YESHIVA v. BD. OF EDUC.


132 A.D.2d 27 (1987)

In the Matter of Yeshiva of Spring Valley, Inc., Respondent, v. Board of Education of the East Ramapo Central School District et al., Appellants

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

November 23, 1987


Attorney(s) appearing for the Case

Greenberg & Wanderman (Carl L. Wanderman of counsel), for Board of Education of the East Ramapo Central School District, appellant.

Joseph Deutsch (Ilan S. Schoenberger of counsel), for Reuben Gittelman Hebrew Day School, appellant.

Eugene M. Kaufman for respondent.

MOLLEN, P. J., BROWN and RUBIN, JJ., concur.


KUNZEMAN, J.

This appeal presents the opportunity to decide whether a Board of Education, acting pursuant to Education Law § 403-a, may ignore the monetary offers of a party seeking to lease surplus school property and base its award of the lease solely upon nonmonetary factors. We hold that to do so is impermissible.

During the 1985-1986 school year, the respondent Board of Education of the East...

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