Legal Opinion
Board of Education v. Carey
New York Supreme Court
Decided September 8, 1981Published
1Opinion of the Court
OPINION OF THE COURT
Joseph J asp an, J.
The plaintiff and plaintiff-intervenors in this action move, pursuant to CPLR 3212, for an order granting them summary judgment upon the grounds that (a) chapter 55 and chapter 71 (§8, subd b) of the Laws of 1977 are unconstitutional; (b) that the Department of Civil Service acted in an arbitrary and capricious manner and in excess of its authority in its demand that movants execute an agreement based on chapter 55 of the Laws of 1977, and (c) that in any event chapter 71 (§8, subd b) repealed inconsistent provisions of chapter 55.
*581The dispute arises out…
2Cases cited14 opinions
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Board of Ed. of Central School Dist. No. 1 v. AllenSupreme Court of the United States · 1968
- Williams v. Mayor of BaltimoreSupreme Court of the United States · 1933
- Levine v. WhalenNew York Court of Appeals · 1976
- Alevy v. Downstate Medical CenterNew York Court of Appeals · 1976
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