Home/New York Court of Appeals/Schnepel v. Board of Education

Schnepel v. Board of Education

96 N.E.2d 617, 302 N.Y. 94
CourtNew York Court of Appeals
DecidedJanuary 18, 1951
StatusPublished
Cited by18 cases

This text of 96 N.E.2d 617 (Schnepel v. Board of Education) 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
Schnepel v. Board of Education, 96 N.E.2d 617, 302 N.Y. 94 (N.Y. 1951).

Opinion

Per Curiam.

Section 51 of the General Municipal Law authorizes actions by taxpayers against illegal acts of £< all officers, agents, commissioners and other persons acting, or who have acted, for and on behalf of any county, town, village or municipal corporation in this state ”. Section 2 of the same statute defines a “ municipal corporation ” as including ££ only a county, town, city and village.”

A board of education is not a municipal corporation within the meaning of the above provisions (see Hamilton v. Baker, [96]*96243 N. Y. 578; Brooks v. Wyman, 246 N. Y. 534; Blackburn v. Clements, 297 N. Y. 971). Suggestion of a contrary viewpoint may be found in Lewis v. Board of Educ. of City of N. Y. (258 N. Y. 117) but, in our opinion, should not be accepted.

The judgment should be affirmed, with costs.

Loughban, Oh. J., Lewis, Conway, Desmond, Dye, Fuld and and Froessel, JJ., concur.

Judgment affirmed.

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Bluebook (online)
96 N.E.2d 617, 302 N.Y. 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schnepel-v-board-of-education-ny-1951.