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BD. OF EDUC. v. FERNANDEZ

81 N.Y.2d 508 (1993)

618 N.E.2d 89

601 N.Y.S.2d 56

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

Court of Appeals of the State of New York.

Decided June 15, 1993.

Attorney(s) appearing for the Case

Levy, Gutman, Goldberg & Kaplan, New York City (Eugene N. Harley and Philip Kaplan of counsel), for appellants.

O. Peter Sherwood, Corporation Counsel of New York City (Doron Gopstein, Leonard Koerner and Pamela Seider Dolgow of counsel), for respondent.

Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

Chief Judge KAYE.

We must decide whether the superintendent selection process established by New York City's public schools chancellor impermissibly interferes with the statutory power of local community school boards to employ a community superintendent. We conclude that it does not.

I.

Under the Decentralization Law (Education Law art 52-A; L 1969, ch 330, as amended) supervision and control...

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