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MATTER OF FERRER v. QUINONES

132 A.D.2d 277 (1987)

In the Matter of Fernando Ferrer, Individually and as President of The Borough of the Bronx, and on Behalf of The Citizens of Bronx Community School District No. 8, et al., Respondents, v. Nathan Quinones, as Chancellor of The Board of Education of the City of New York, Appellants

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

December 17, 1987

Attorney(s) appearing for the Case

Oscar Holt, III, of counsel (Cedric Wiggins and Ronald L. Garnett with him on the brief; Wiggins, Holt & Garnett, attorneys), for respondents.

Francis Caputo of counsel (Leonard Koerner, Ronald Younkins and Andrew Schwartz, with him on the brief; Peter L. Zimroth, Corporation Counsel, attorneys), for appellants.

MILONAS and SMITH, JJ., concur with SULLIVAN, J.; KUPFERMAN, J. P., dissents in an opinion.

SULLIVAN, J.

We hold that the decision of the Chancellor of the Board of Education of the City of New York ordering the closing of Junior High School 123 (JHS 123) because of its academic deficiencies concerns a matter of educational policy and is thus nonjusticiable. Furthermore, even if the issue is addressed on the merits, it is patently clear that the petitioners have failed to meet their burden of establishing...

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