Lichtenstein v. Jansen — 5 N.Y.2d 995

Majority

p. 995

In the Matter of Meyer Lichtenstein, Individually and as Chairman of the Committee for the Preservation of the Merit System of Appointments in the New York City Public Schools, Respondent, against William Jansen, as Superintendent of Schools of the City of New York, et al., Appellants.

Argued November 19, 1958;

decided March 5, 1959.

p. 996

Peter Campbell Brown, Corporation Counsel (Isidore Heyman, Seymour B. Quel and Robert E. Hugh of counsel), for appellants.

A. Mark Levien for respondent.

p. 997

Frank E. Karelsen, Robert M. Benjamin and Fred N. Fishman for Public Education Association, amicus curies, in support of respondent’s position.

Jules Kolodny for New York Teachers Guild, amicus curies, in support of respondent’s position.

Order affirmed, with costs; no opinion.

Concur: Chief Judge Conway and Judges Fold, Froessel, Van Voorhis and Burke. Judge Dye dissents and votes to reverse. Taking no part: Judge Desmond.