Majority
p. 971John H. Blackburn, Respondent, v. Andrew V. Clements et al., Constituting the Board of Education of Union Free School District No. 1, Town of Coeymans, et al., Appellants. Argued March 16, 1948; decided May 20, 1948.
p. 972
John W. Manning and Edward 8. Godfrey for appellants.
Joseph J. Casey for respondent.
A school district is not a municipal corporation
within the meaning of section 51 of the General Municipal Law. (Brooks v. Wyman, 246 N. Y. 534 .) That question was not raised or considered in Judd v. Board of Education ( 278 N. Y. 200 ). The first question certified is answered in the negative, the orders are reversed and the complaint dismissed, with costs in all courts. The second question certified is not answered.
Loughraw, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Ftjld, JJ., concur.
Orders reversed, eta.
Cases cited
- Brooks v. Wyman 246 N. Y. 534 p. 972
- Judd v. Board of Education of Union Free School District No. 2 278 N. Y. 200 p. 972