Legal Opinion

Board of Education v. Fernandez

Appellate Division of the Supreme Court of the State of New York

Decided October 5, 1992Published

1Opinion of the Court

OPINION OF THE COURT

Balletta, J.

This appeal raises the issue as to whether the defendant Chancellor of the City School District of the City of New York, Joseph A. Fernandez (hereinafter the Chancellor), exceeded his authority when he promulgated certain city-wide procedures relating to the hiring of community school superintendents, which he set out in Special Circular Number 37. This Court finds that he did not. Therefore, the judgment is reversed and it is declared that Special Circular Number 37 is a valid exercise of the Chancellor’s authority.

In January 1990 the Chancellor, assertedly…

2Cases cited10 opinions

  1. James v. Board of EducationNew York Court of Appeals · 1977
  2. New York City School Boards Ass'n v. Board of EducationNew York Court of Appeals · 1976
  3. Roher v. DinkinsNew York Court of Appeals · 1973
  4. Council of Supervisory Associations of Public School v. Board of EducationNew York Court of Appeals · 1969
  5. Duncan v. NyquistAppellate Division of the Supreme Court of the State of New York · 1973

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