BD. OF EDUC. v. COMM'R


145 A.D.2d 13 (1989)

Board of Education of the East Syracuse-Minoa Central School District et al., Respondents-Appellants, et al., Plaintiffs, v. Commissioner of Education of the State of New York et al., Appellants-Respondents

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

February 2, 1989


Attorney(s) appearing for the Case

Robert E. Diaz (Bernard S. Forman of counsel), for Commissioner of Education of the State of New York, appellant-respondent.

Hancock & Estabrook (Robert D. Stone, James P. Burns and Martha L. Berry of counsel), for The Board of Cooperative Educational Services for the Sole Supervisory District of Onondaga-Cortland-Madison Counties, appellant-respondent.

O'Hara & Crough (Dennis G. O'Hara and Craig M. Atlas of counsel), for Board of Education of the East Syracuse-Minoa Central School District and others, respondents-appellants.

Andrew J. Nolte for Board of Cooperative Educational Services for the Sole Supervisory Districts of Washinton-Warren-Hamilton-Essex Counties and others, amici curiae.

David R. Kay (Warren H. Richmond, III, and Kevin A. Seaman of counsel), for Board of Cooperative Educational Services of Nassau County and others, amici curiae.

Saperston & Day, P. C. (Lawrence A. Schultz of counsel), for Eight Western New York BOCES Supervisory Districts, amici curiae.

MIKOLL, YESAWICH, JR., LEVINE and HARVEY, JJ., concur.


KANE, J. P.

The questions we face on this appeal concern the interpretation of Education Law § 1950 (14) and (4) (t). At issue is whether a Board of Cooperative Educational Services (hereinafter BOCES) must first obtain voter approval or the unanimous agreement of the component school districts (hereinafter CSDs) located within its boundaries before it may renovate any of its facilities.

The pertinent...

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