Baer v. Kolmorgen

Frank H.,Coyne, J.

Plaintiffs move for an order restraining and enjoining, pendente lite, the defendant — Board of Education of Ossining School District No. 1, and all persons deriving authority from them — from “ authorizing or permitting the erection, display or installation on the property of any school subject to the jurisdiction of said Board of Education of a Creche or similar depiction of the Nativity Scene ”; and directing the Board of Education to withdraw, rescind and abrogate any authority or permission previously granted in this regard.

In substance, movants assert “ that the…