Legal Opinion

Packer Collegiate Institute v. University of New York

New York Court of Appeals

Decided July 16, 1948PublishedCited by 84 opinions

I. The statute and regulations are unconstitutional in that they deprive school owners, parents, teachers, children and others of liberty, and citizens of privileges and immunities, secured by the Fourteenth Amendment and by the principles of the First Amednment of the Federal Constitution, and of rights and liberty secured by sections 1 and 6 of article I of the New York Constitution; and in that, thereby and otherwise, they threaten to deprive plaintiff and others of…

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I. The statute and regulations are unconstitutional in that they deprive school owners, parents, teachers, children and others of liberty, and citizens of privileges and immunities, secured by the Fourteenth Amendment and by the principles of the First Amednment of the Federal Constitution, and of rights and liberty secured by sections 1 and 6 of article I of the New York Constitution; and in that, thereby and otherwise, they threaten to deprive plaintiff and others of property in violation of the due process clauses .of the Fourteenth Amendment and said section 6. (Board of Education v.…

1Opinion of the CourtDesmoNd, J.

Plaintiff has for many years conducted at Brooklyn, N. Y., a private nonsectarian school for girls, consisting of these departments : nursery or preschool, kindergarten, elementary or primary, high school or secondary, and two-year junior college. It sues herein for a declaration of unconstitutionality of a statute, which when this suit was brought, and as last amended by chapter 214 of the Laws of 1945, appeared in the State Education Law as paragraph 5 of subdivision B of section 625 of the Education Law, section 625 being headed “ Amount and character of required attendance ”, and…

2Cases cited9 opinions

  1. Meyer v. NebraskaSupreme Court of the United States · 1923
  2. Pierce v. Society of SistersSupreme Court of the United States · 1925
  3. A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
  4. Panama Refining Co. v. RyanSupreme Court of the United States · 1935
  5. Field v. ClarkSupreme Court of the United States · 1892

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3Cited by84 opinions

  1. Boreali v. AxelrodNew York Court of Appeals · 1987
  2. Levine v. WhalenNew York Court of Appeals · 1976
  3. Nicholas v. KahnNew York Court of Appeals · 1979
  4. Finger Lakes Racing Ass'n v. New York State Racing & Wagering BoardNew York Court of Appeals · 1978
  5. Concordia Collegiate Institute v. MillerNew York Court of Appeals · 1950

79 more not listed; retrieve them via the Exa API.

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