Anderson v. Board of Education

Shapiro, J. (dissenting).

I would affirm on the opinion of Mr. Justice Gagliardi at Special Term (Matter of Anderson v. Board of Educ. of City of Yonkers, 77 Misc 2d 904), which contains a comprehensive review of the facts and comes to what is, in my opinion, a correct conclusion.

I only find it necessary to add that while the majority presumes to give obeisance to the rule that “a construction is favored which harmonizes the various provisions of a statute with each other and with the general intent of the statute,” its determination does just the contrary. The new ‘ ‘ review ’ ’ power given…