Clarke v. Anker

Appellate Division of the Supreme Court of New York

Clarke v. Anker

50 A.D.2d 545, 375 N.Y.S.2d 576, 1975 N.Y. App. Div. LEXIS 12278

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

DecidedNovember 20, 1975

StatusPublished

Cited by1 cases

This text of 50 A.D.2d 545 (Clarke v. Anker) 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.

Bluebook

Clarke v. Anker, 50 A.D.2d 545, 375 N.Y.S.2d 576, 1975 N.Y. App. Div. LEXIS 12278 (N.Y. Ct. App. 1975).

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Opinion

— Judgment, Supreme Court, Bronx County, entered May 28,1974, denying petitioner’s application for an order directing the respondents to transfer petitioner’s children from Public School 111 to Public School 178, unanimously affirmed, without costs and without disbursements. After a physical assault, one of the children was transferred, and properly so. The other transfers for the remaining children were denied on the ground that the school sought was overcrowded. While we sympathize with the parental dissatisfaction, absent the deprivation of a constitutional or statutory right, the decision by respondents that is neither arbitrary nor capricious, may not be disturbed. (Matter of Van Blerkom Donovan, 15 NY2d 399; Matter of Strippoli v Bickal, 21 AD2d 365, affd without opn 16 NY2d 652.) Concur — Stevens, P. J., Markewich, Kupferman, Capozzoli and Lynch, JJ.

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— Judgment, Supreme Court, Bronx County, entered May 28,1974, denying petitioner’s application for an order directing the respondents to transfer petitioner’s children from Public School 111 to Public School 178, unanimously affirmed, without costs and without disbursements. After a physical assault, one of the children was transferred, and properly so. The other transfers for the remaining children were denied on the ground that the school sought was overcrowded. While we sympathize with the parental dissatisfaction, absent the deprivation of a constitutional or statutory right, the decision by respondents that is neither arbitrary nor capricious, may not be disturbed. (Matter of Van Blerkom Donovan, 15 NY2d 399; Matter of Strippoli v Bickal, 21 AD2d 365, affd without opn 16 NY2d 652.) Concur — Stevens, P. J., Markewich, Kupferman, Capozzoli and Lynch, JJ.

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Bluebook (online)

50 A.D.2d 545, 375 N.Y.S.2d 576, 1975 N.Y. App. Div. LEXIS 12278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarke-v-anker-nyappdiv-1975.

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