Legal Opinion · Dissent
In re Shannon B.
New York Court of Appeals
Decided November 19, 1987Published
1DissentTitone, J.
In holding that the Police Department of the City of New York has the power under the City Charter to arrest and detain truants, the majority has overlooked the clear and unambiguous intent of the Legislature to limit such a power to those school attendance officials expressly designated in Education Law § 3213. For that reason, I respectfully dissent.
The State Legislature has empowered certain designated persons to enforce the truancy laws. Education Law § 3213 (2) (a) provides that "[a] supervisor of attendance, attendance teacher or attendance officer, as the case may be, may arrest…
2Cases cited7 opinions
- McKeiver v. PennsylvaniaSupreme Court of the United States · 1971
- Matter of Laguardia v. SmithNew York Court of Appeals · 1942
- East End Trust Co. v. OttenNew York Court of Appeals · 1931
- Erie County Water Authority v. KramerAppellate Division of the Supreme Court of the State of New York · 1957
- Hughes Tool Company v. FieldingNew York Court of Appeals · 1948
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