Community School Board District 18 Kings County v. Scribner

In this article 78 proceeding petitioner -seeks to enjoin the respondents from interfering with the petitioner in the exercise of its power to manage the schools within its jurisdiction. Respondents cross-move to dismiss the petition on the ground that the petitioner has not exhausted its administrative remedies and fails to state a cause of action.

The petitioner alleges that on September 4 and September 19, 1972 the Chancellor of the New York City School District ordered petitioner to enroll approximately 70 students from another district into J.H.S. 285, a school within petitioner’s…