Legal Opinion

Palm v. Tuckahoe Union Free School District

New York Supreme Court

Decided August 5, 2014Published

1Opinion of the Court

OPINION OF THE COURT

Francesca E. Connolly, J.

Education Law § 3203 (1) provides that a property owner whose property is intersected by the boundary line between two school districts may, if certain conditions are satisfied, designate the school district of his or her choice, effectively permitting the children residing on the property to attend school in either district. For the reasons that follow, the court finds that, as a matter of law, where the boundary line between two school districts intersects condominium common property but does not *360intersect any of the individual dwellings, the…

2Cases cited6 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Daleview Nursing Home v. AxelrodNew York Court of Appeals · 1984
  3. Landmark Colony at Oyster Bay v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1985
  4. Godlewska v. NiznikiewiczAppellate Division of the Supreme Court of the State of New York · 2004
  5. Palm v. Tuckahoe Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2012

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