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BD. OF EDUC. v. FERNANDEZ

182 A.D.2d 334 (1992)

Board of Education of Community School District No. 29 of the City of School District of the City of New York et al., Respondents, v. Joseph A. Fernandez, as Chancellor of The City School District of the City of New York, Appellant; Community Boards Number 3 et al., Intervenors-Respondents

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

October 5, 1992

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City, New York City (Doron Gopstein, Pamela Seider Dolgow and Patrick L. Taylor of counsel), for appellant.

Levy, Gutman, Goldberg & Kaplan, New York City (Philip Kaplan, Gail A. Wechsler and Eugene Harley of counsel), for respondents.

Halberstam, Ellis, Zeif, Funk, Shebitz & Karp, P. C., New York City (Jeffrey S. Karp and George Shebitz of counsel), for intervenors-respondents.

HARWOOD, J. P., ROSENBLATT and RITTER, JJ., concur.

BALLETTA, J.

This appeal raises the issue as to whether the defendant Chancellor of the City School District of the City of New York, Joseph A. Fernandez (hereinafter the Chancellor), exceeded his authority when he promulgated certain city-wide procedures relating to the hiring of community school superintendents, which he set out in Special Circular Number 37. This Court finds that he did not. Therefore, the...

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