MATTER OF JUAN C. v. CORTINES


89 N.Y.2d 659 (1997)

679 N.E.2d 1061

657 N.Y.S.2d 581

In the Matter of Juan C., Respondent, v. R.C. Cortines, as Chancellor of the New York City Board of Education, et al., Appellants.

Court of Appeals of the State of New York.

Decided April 1, 1997.


Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Jane L. Gordon, Barry P. Schwartz and Leonard Koerner of counsel), for appellants.

Marcia Egger, New York City, and Jane M. Spinak for respondent.

Dennis C. Vacco, Attorney-General, Albany (Barbara G. Billet, Peter H. Schiff and Lisa Lecours of counsel), for State of New York, amicus curiae.

Stroock & Stroock & Lavan, New York City (Alan M. Klinger, J. R. Wilson and Adam M. Greenfield of counsel), and Rhonda Weingarten for United Federation of Teachers, amicus curiae.

Daniel J. Popeo, New Hartford, and Richard A. Samp, of the District of Columbia Bar, admitted pro hac vice, for Washington Legal Foundation and others, amici curiae.

Jeanne Edna Thelwell, New York City, Thomas D. Barr, Richard J. Davis, Dennis J. Saffran and Brian M. Stettin for Lawyers' Committee on Violence, amicus curiae.

Martin Guggenheim, New York City, and Randy Hertz for Advocates for Children and others, amici curiae.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE, CIPARICK and WESLEY concur.


BELLACOSA, J.

The Chancellor and President of the New York City Board of Education and the Superintendent of Bronx High Schools appeal from an Appellate Division ruling in a CPLR article 78 proceeding that nullified their actions in the underlying school matter. Student petitioner Juan C. sued them, seeking to annul a determination made, after a plenary hearing, by...

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