Legal Opinion

People Ex Rel. Hylan v. . Finegan

New York Court of Appeals

Decided November 18, 1919PublishedCited by 21 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 18, 1919, which affirmed an • order of Special Term denying a motion for a writ of prohibition. The facts, so far as material, are stated in the opinion.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 18, 1919, which affirmed an • order of Special Term denying a motion for a writ of prohibition. The facts, so far as material, are stated in the opinion. The state commissioner of education is without jurisdiction to cite the municipal authorities of the city of New York before him on the petition of the superintendent of schools for the purpose of arriving at a determination as to the proper and lawful disposition of public school moneys apportioned by the state…

1Opinion of the Court

Hiscock, Ch. J.

The appellants are seeking to restrain by writ of prohibition the commissioner of education of the state from entertaining jurisdiction and making determination of a controversy which has arisen between the municipal authorities of the city of New York and the board of education of that city concerning the disposition of school moneys appropriated to that city by the state. It is the claim in behalf of the city that under section 1102 of its charter these moneys may be credited to the “ general fund for the reduction of taxes ” osa reimbursement in part for moneys raised by…

2Cases cited2 opinions

  1. Bullock v. . CooleyNew York Court of Appeals · 1919
  2. People Ex Rel. Bd. of Education v. . FinleyNew York Court of Appeals · 1914

3Cited by21 opinions

  1. O'Connor v. EmersonAppellate Division of the Supreme Court of the State of New York · 1921
  2. Matter of Hirshfield v. . CookNew York Court of Appeals · 1919
  3. Barringer v. . PowellNew York Court of Appeals · 1920
  4. Craig v. Board of EducationNew York Supreme Court · 1940
  5. Arthur Steier v. New York State Education Commissioner, New York City Board of Higher Education and Brooklyn CollegeCourt of Appeals for the Second Circuit · 1959

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