Board of Co-op. Educational Services of Nassau County v. Nassau County

• Decision Date: 01 February 1988
• Parties: , 44 Ed. Law Rep. 1278 BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF NASSAU COUNTY, Respondent, v. COUNTY OF NASSAU, Appellant, et al., Defendant.
• Court: New York Supreme Court — Appellate Division

Page 224

524 N.Y.S.2d 224

137 A.D.2d 476, 44 Ed. Law Rep. 1278

BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF NASSAU COUNTY, Respondent, v. COUNTY OF NASSAU, Appellant, et al., Defendant.

Supreme Court, Appellate Division,

Second Department.

Feb. 1, 1988.

Edward T. O'Brien, Co. Atty., Mineola (Robert O. Boyhan and Patricia M. Carroll, of counsel), for appellant.

Seymour H. Kligler, New York City (David R. Kay, of counsel), for respondent.

Bee, De Angelis & Eisman, Mineola (Dennis De Angelis, of counsel), for defendant Vocational Educ. and Extension Bd. of Nassau County.

Before THOMPSON, J.P., and RUBIN, EIBER and SULLIVAN, JJ.

MEMORANDUM BY THE COURT.

In an action to compel the determination of a claim to real property, the defendant County of Nassau appeals from a judgment of the Supreme Court, Nassau County (Robbins, J.), entered May 5, 1987, which, upon granting the plaintiff's motion for summary judgment, awarded the plaintiff full exclusive title and possession of certain property.

ORDERED that the judgment is affirmed, with costs.

The 1963 conveyance of surplus Federal realty was made to Nassau County "for the uses and purposes of the Vocational Education and Extension Board of the County of Nassau" (hereinafter VEEB). VEEB covenanted that for the next 20 years the property would be used for educational purposes, that annual utilization reports would be filed with the Federal government, and that conveyance of or encumbrances on the property would require prior government approval. Breach of any of these covenants would cause reversion of title to the United States.

In 1968, by express agreement, VEEB's educational functions on this property were assumed by the plaintiff Board of Cooperative Educational Services of Nassau County (hereinafter BOCES). Thereafter BOCES was in possession of the property. BOCES fulfilled the covenanted duties under the deed. As the expiration of the 20-year covenant period neared, BOCES requested that the County convey title to the property to BOCES; however, the County declined.

BOCES commenced the present action for a determination of title, alleging the conveyance from the Federal government to be in trust for the benefit of BOCES. The Supreme Court correctly so determined. The record clearly indicates that the United States had legal title conveyed to Nassau County for the uses and purposes of VEEB because VEEB was incapable of owning real property (Education Law § 1102). The language of the deed...