Mancuso v. Board of Education

Plaintiff sues for a judgment declaring that a tax in excess of 1)4% of the average equalized valuation of real property in the Schenectady city school district is illegal and declaring that subdivision 1 of section 2701 of the Education Law is in part unconstitutional. Defendant has moved for judgment on the pleadings or in the alternative for summary judgment. The briefs of both parties take the position that the issues are of law and not of fact and ask for a determination on the merits.

*705Schenectady is a city of less than 125,000 in population. In the year 1948, the tax rate of the City of…