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BD. OF EDUC. v. FERNANDEZ

147 Misc.2d 1010 (1990)

Board of Education of Community School District No. 29 of the City School District of the City of New York et al., Plaintiffs, v. Joseph A. Fernandez, as Chancellor of the City School District of the City of New York, Defendant.

Supreme Court, Queens County.

July 3, 1990

Attorney(s) appearing for the Case

Levy, Gutman, Goldberg & Kaplan (Philip Kaplan of counsel), for plaintiffs. Victor A. Kovner, Corporation Counsel (Doron Gopstein and Chlarens Orsland of counsel), for defendant.

HERBERT A. POSNER, J.

Plaintiffs have brought an action for a declaratory judgment declaring the defendant's "Special Circular No. 37" invalid and unenforceable on the ground that it usurps the power of the community school boards to employ a community superintendent. (See, Education Law § 2590-e [1] [a].) The circular mandates the criteria and procedures to be followed by all community school...

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