Galloway v. Saletan

Appellate Division of the Supreme Court of New York

Galloway v. Saletan

20 A.D.2d 796, 248 N.Y.S.2d 905, 1964 N.Y. App. Div. LEXIS 4259

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

DecidedMarch 5, 1964

StatusPublished

Cited by1 cases

This text of 20 A.D.2d 796 (Galloway v. Saletan) 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

Galloway v. Saletan, 20 A.D.2d 796, 248 N.Y.S.2d 905, 1964 N.Y. App. Div. LEXIS 4259 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a proceeding under article 78 of the Civil Practice Law and Rules, the petitioner appeals from a judgment of the Supreme Court, Nassau County, entered February 27, 1964, which denied his application and dismissed his petition to restrain the respondents from holding a special meeting of the voters of the school district on March 10, 1964 to vote upon a resolution for the expansion of the Wheatley School, and to vacate the respondents’ resolution authorizing and directing such special meeting. Judgment affirmed, without costs. We hold that the Supreme Court has concurrent jurisdiction [797]*797with the Commissioner of Education to hear and determine an application of this nature. We also hold that this is a matter for the school board to decide and that, under the circumstances here, the court may not substitute its judgment for the judgment of the school board. Petitioner’s renewed application for a stay, pending appeal, is dismissed. Application of the several parents associations to file a brief as amici curia granted. Ughetta, Acting P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

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In a proceeding under article 78 of the Civil Practice Law and Rules, the petitioner appeals from a judgment of the Supreme Court, Nassau County, entered February 27, 1964, which denied his application and dismissed his petition to restrain the respondents from holding a special meeting of the voters of the school district on March 10, 1964 to vote upon a resolution for the expansion of the Wheatley School, and to vacate the respondents’ resolution authorizing and directing such special meeting. Judgment affirmed, without costs. We hold that the Supreme Court has concurrent jurisdiction [797]*797with the Commissioner of Education to hear and determine an application of this nature. We also hold that this is a matter for the school board to decide and that, under the circumstances here, the court may not substitute its judgment for the judgment of the school board. Petitioner’s renewed application for a stay, pending appeal, is dismissed. Application of the several parents associations to file a brief as amici curia granted. Ughetta, Acting P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

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Bluebook (online)

20 A.D.2d 796, 248 N.Y.S.2d 905, 1964 N.Y. App. Div. LEXIS 4259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galloway-v-saletan-nyappdiv-1964.

Opinion

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