Brown v. Board of Education

OPINION OF THE COURT

Edward S. Conway, J.

This is a motion by the plaintiffs for an order granting them summary judgment for the relief demanded in the complaint on the grounds that there are no triable issues of fact and no defenses to the causes of action asserted in the complaint.

The action on which the instant motion is predicated is an action for a declaratory judgment declaring that section *1652023 of the Education Law is unconstitutional in that it violates section 1 of article XVI of the New York State Constitution and the equal protection clause (14th Amdt) of the United States…