Legal Opinion
Matter of Divisich v. Marshall
New York Court of Appeals
Decided July 11, 1939PublishedCited by 50 opinions
1Opinion of the Court
Crane, Ch. J.
If there be one public policy well-established in this State it is that public education shall be beyond control by municipalities and politics. The Board of Education of the City of New York is not a department of the city government, it is an independent corporate body and may sue and be sued in its corporate name (Education Law [Cons. Laws, ch. 16], §§ 300, 865; Matter of Fleischmann v. Graves, 235 N. Y. 84.) As early as 1921 (Matter of Emerson v. Buck, 230 N. Y. 380) we decided that while the municipality must make appropriations of money to run the schools, the expenditure…
2Cases cited6 opinions
- People Ex Rel. Wells Newton Co. v. . CraigNew York Court of Appeals · 1921
- Matter of Fleischmann v. . GravesNew York Court of Appeals · 1923
- Matter of Emerson v. . BuckNew York Court of Appeals · 1921
- Matter of Rushford v. LaguardiaNew York Court of Appeals · 1939
- Matter of Fuhrmann v. . GravesNew York Court of Appeals · 1923
1 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Woods v. Rondout Valley Central School District Board of EducationCourt of Appeals for the Second Circuit · 2006
- 12 Fair empl.prac.cas. 836, 11 Empl. Prac. Dec. P 10,755 Jane Monell v. Department of Social Services of the City of New York, DefendantsCourt of Appeals for the Second Circuit · 1976
- Daniman v. Board of EducationNew York Court of Appeals · 1954
- Nelson v. The Board of Higher EducationAppellate Division of the Supreme Court of the State of New York · 1941
45 more not listed; retrieve them via the Exa API.