Pacos v. Hunter
| Decision Date | 06 July 1962 |
| Citation | 230 N.Y.S.2d 735,11 N.Y.2d 1112,184 N.E.2d 322 |
| Parties | , 184 N.E.2d 322 Application of Eleanore PACOS et al., Appellants, for an Order, etc., v. Glenn L. HUNTER et al, as members of and constituting the Board of Education of Fredonia Central School District, etc., et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department.
The petitioners brought a proceeding under the Civil Practice Act, § 1283 et seq., to review certain actions of the board of education of a central school district of certain towns and to review the validity of the act of the school district in adopting a resolution for the building of a new senior high school on certain property at the cost of $1,875,000.
The Supreme Court, Special Term, Erie County, Matthew J. Jasen, J., 29 Misc.2d 404, 218 N.Y.S.2d 354, dismissed the petition and held that the provision of Section 2037 of the Education Law, Consol.Laws, c. 16 that all disputes concerning validity of any district meeting or election shall be referred to the Commissioner of Education vested in the Commissioner of Education jurisdiction over all such disputes, and that the Special Term did not have jurisdiction to decide the validity of the election where the matter was not first referred to the Commissioner of Education.
The Appellate Division unanimously affirmed the order of the Special Term.
The petitioners appealed to the Court of Appeals.
Kenneth W. Glines, Fredonia (Robert L. Manuele, Fredonia, of counsel), for petitioners-appellants.
A Bruce Manley, Fredonia (James A. Sommer, Fredonia, of counsel), for respondents-respondents.
Appeal dismissed, with costs, in the following memorandum: This appeal is taken as of right upon the ground that a substantial constitutional question is presented. As we read the petition, it fails to state facts sufficient to constitute an issue to be tried either by the Commissioner of Education or the courts regardless of section 2037 of the Education Law (Consol.Laws, c. 16). Consequently, no constitutional question is presented and for that reason the appeal is dismissed.
All concur.
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...of Pipe & Engineering Co., Sup., 220 N.Y.S.2d 175; Pacos v. Hunter, 29 Misc.2d 404, 218 N.Y.S.2d 354, appeal dismissed 11 N.Y.2d 1112, 230 N.Y.S.2d 735, 184 N.E.2d 322; Mullooly v. U. F. S. D. No. 8, 20 Misc.2d 795, 796, 190 N.Y.S.2d 809, 811 (contention that proposed school budget meeting ......
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Schulz v. State
...N.Y.S.2d 837; Matter of Pacos v. Hunter, 29 Misc.2d 404, 406, 218 N.Y.S.2d 354, affd. 14 A.D.2d 990, appeal dismissed 11 N.Y.2d 1112, 230 N.Y.S.2d 735, 184 N.E.2d 322; cf., Matter of Vecchio v. New York State Dept. of Educ., 189 A.D.2d 961, 592 N.Y.S.2d 282, lv. 81 N.Y.2d 709, 599 N.Y.S.2d ......
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White v. Board of Ed. of East Irondequoit Central School Dist. No. 1
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