Bd. of Educ. of Union Free Sch. Dist. No. 4 of the Town of Greece v. Bd. of Educ. of the City of Rochester

Appellate Division of the Supreme Court of New York

Bd. of Educ. of Union Free Sch. Dist. No. 4 of the Town of Greece v. Bd. of Educ. of the City of Rochester

23 A.D.2d 805, 258 N.Y.S.2d 194, 1965 N.Y. App. Div. LEXIS 4560

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 1, 1965

StatusPublished

Cited by2 cases

This text of 23 A.D.2d 805 (Bd. of Educ. of Union Free Sch. Dist. No. 4 of the Town of Greece v. Bd. of Educ. of the City of Rochester) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bd. of Educ. of Union Free Sch. Dist. No. 4 of the Town of Greece v. Bd. of Educ. of the City of Rochester, 23 A.D.2d 805, 258 N.Y.S.2d 194, 1965 N.Y. App. Div. LEXIS 4560 (N.Y. Ct. App. 1965).

Pincite

Opinion

Judgment unanimously affirmed, with costs. Memorandum: In seeking to uphold the validity of the Local Law adopted May 28, 1963, which purported to terminate the right, granted by the Legislature over 40 years ago to children resident in the unannexed portions of the school districts here involved, to attend Rochester public schools without payment of tuition, appellants asserted at *806 Special Term that the local law was one which the City Council had power to enact under the then section 11 of the City Home Rule Law as a law relating “ to *he property, affairs or government ” of the city. They now seek to maintain the enactment, apparently for the first time on this appeal, on the ground that it was an exercise of taxing power by the city, which was within its authority under the same statute. The local law may not reasonably be included within either description, but even if it might be so considered, it still violates the prohibition of section 21 of the City Home Rule Law then in effect, enjoining enactment of a local law affecting the education system in a city “ Notwithstanding any provision of this chapter ”, if such local law supersedes a State statute. It is well established that education is a State function not within the scope of local legislation. (People ex rel. Elkind v. Rosenblum, 184 Misc. 916, affd. 269 App. Div. 859, affd. 295 N. Y. 929.) (Appeal from judgment of Monroe Special Term granting a summary and declaratory judgment to plaintiffs.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Veeohio, JJ. [43 Misc 2d 803.]

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Judgment unanimously affirmed, with costs. Memorandum: In seeking to uphold the validity of the Local Law adopted May 28, 1963, which purported to terminate the right, granted by the Legislature over 40 years ago to children resident in the unannexed portions of the school districts here involved, to attend Rochester public schools without payment of tuition, appellants asserted at *806 Special Term that the local law was one which the City Council had power to enact under the then section 11 of the City Home Rule Law as a law relating “ to *he property, affairs or government ” of the city. They now seek to maintain the enactment, apparently for the first time on this appeal, on the ground that it was an exercise of taxing power by the city, which was within its authority under the same statute. The local law may not reasonably be included within either description, but even if it might be so considered, it still violates the prohibition of section 21 of the City Home Rule Law then in effect, enjoining enactment of a local law affecting the education system in a city “ Notwithstanding any provision of this chapter ”, if such local law supersedes a State statute. It is well established that education is a State function not within the scope of local legislation. (People ex rel. Elkind v. Rosenblum, 184 Misc. 916, affd. 269 App. Div. 859, affd. 295 N. Y. 929.) (Appeal from judgment of Monroe Special Term granting a summary and declaratory judgment to plaintiffs.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Veeohio, JJ. [43 Misc 2d 803.]

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23 A.D.2d 805, 258 N.Y.S.2d 194, 1965 N.Y. App. Div. LEXIS 4560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bd-of-educ-of-union-free-sch-dist-no-4-of-the-town-of-greece-v-bd-of-nyappdiv-1965.

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