Matter of Bd. of Trs. of Common Sch. Dist. No. 2 of the Town of Dickinson v. Comm'r of Educ. of the State of New York

New York Court of Appeals

Matter of Bd. of Trs. of Common Sch. Dist. No. 2 of the Town of Dickinson v. Comm'r of Educ. of the State of New York

301 N.E.2d 541, 33 N.Y.2d 601, 347 N.Y.S.2d 569, 1973 N.Y. LEXIS 1088

CourtNew York Court of Appeals

DecidedJuly 3, 1973

StatusPublished

Cited by6 cases

This text of 301 N.E.2d 541 (Matter of Bd. of Trs. of Common Sch. Dist. No. 2 of the Town of Dickinson v. Comm'r of Educ. of the State of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Bd. of Trs. of Common Sch. Dist. No. 2 of the Town of Dickinson v. Comm'r of Educ. of the State of New York, 301 N.E.2d 541, 33 N.Y.2d 601, 347 N.Y.S.2d 569, 1973 N.Y. LEXIS 1088 (N.Y. 1973).

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Opinion

Memorandum.

The order of the Appellate Division should be affirmed, without costs. The State Education Department, its governing body, the Board of Regents, the Committee of Regents, designated ad hoc as provided by law, and the Commissioner of Education are integrally related (Education Law, § 101). Indeed, it is doubtful but not necessary to decide whether the Committee of Regents was a continuing or suable entity separate from the larger Board of Regents. Under these circumstances, and because the notice and petition served on the Commissioner of Education as the chief administrative officer of the department were completely informative of the party or parties involved as respondents and the issues at stake, the Appellate Division was eminently correct in ignoring technical deficiencies, none of which were serious or prejudicial, in concluding that there had been adequate service, notice, and presence of necessary parties. Modern jurisprudence generally and CPLR 2001 specifically direct a recognition of realities and the needs of justice and the ignoring of technical deficiencies.

Chief Judge Fuld and Judges Burke, Breitel, Jasen, GabrieliíI, Jones and Wachtler concur in memorandum.

Order affirmed.

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Memorandum.

The order of the Appellate Division should be affirmed, without costs. The State Education Department, its governing body, the Board of Regents, the Committee of Regents, designated ad hoc as provided by law, and the Commissioner of Education are integrally related (Education Law, § 101). Indeed, it is doubtful but not necessary to decide whether the Committee of Regents was a continuing or suable entity separate from the larger Board of Regents. Under these circumstances, and because the notice and petition served on the Commissioner of Education as the chief administrative officer of the department were completely informative of the party or parties involved as respondents and the issues at stake, the Appellate Division was eminently correct in ignoring technical deficiencies, none of which were serious or prejudicial, in concluding that there had been adequate service, notice, and presence of necessary parties. Modern jurisprudence generally and CPLR 2001 specifically direct a recognition of realities and the needs of justice and the ignoring of technical deficiencies.

Chief Judge Fuld and Judges Burke, Breitel, Jasen, GabrieliíI, Jones and Wachtler concur in memorandum.

Order affirmed.

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301 N.E.2d 541, 33 N.Y.2d 601, 347 N.Y.S.2d 569, 1973 N.Y. LEXIS 1088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-bd-of-trs-of-common-sch-dist-no-2-of-the-town-of-dickinson-ny-1973.

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