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Fitzgerald v. Christen

60 A.D.2d 844 Court N.Y. App. Div. Decision date 1978-01-03 English

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p. 844
In the Matter of Ethel Fitzgerald, Individually, and as Chairman of the Board of Examiners of the Board of Education of the City of New York, et al., Appellants, v Robert J. Christen et al., Constituting the Board of Education of the City of New York, et al., Respondents.

In a proceeding pursuant to CPLR article 78, inter alia, to enjoin respondents from conducting a special national teachers’ bilingual examination, petitioners appeal from a judgment of the Supreme Court, Kings County, dated August 3,1977, which, inter alia, denied the application and dismissed the petition. Judgment affirmed, with $50 costs and disbursements. Absent constitutional or statutory violations, it is not for us to question the wisdom or the policy of the respondent educators; the questions raised on this appeal are not proper subjects for judicial review (see James v Board of Educ., 42 NY2d 357 ). Gulotta, P. J., Hopkins, Latham and Cohalan, JJ., concur.

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