Legal Opinion

Lapolla v. Board of Education

New York Supreme Court

Decided June 30, 1939PublishedCited by 8 opinions

1Opinion of the CourtCollins, J.

The plaintiff seeks a declaratory judgment invalidating the “ Dual Job Law,” which, in effect, prohibits a a teacher in the New York city public schools from occupying or retaining more than one position under the board of education. (Education Law, § 872, subd. 7, added by Laws of 1939, chap. 771.) The plaintiff’s contention is that the law is unconstitutional. A temporary injunction restraining the enforcement of the law is requested. And the parties have stipulated that it may be deemed that a motion for judgment on the pleadings has been made.

*365The issue here is one of law, not of policy;…

2Cases cited13 opinions

  1. Phelps v. Board of Ed. of West New YorkSupreme Court of the United States · 1937
  2. O'Connor v. EmersonAppellate Division of the Supreme Court of the State of New York · 1921
  3. People Ex Rel. Williams Engineering & Contracting Co. v. MetzNew York Court of Appeals · 1908
  4. People Ex Rel. Peixotto v. . Bd. of EducationNew York Court of Appeals · 1914
  5. Matter of Gianatasio v. KaplanNew York Court of Appeals · 1931

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3Cited by8 opinions

  1. Legislative Conference v. Board of Higher EducationAppellate Division of the Supreme Court of the State of New York · 1972
  2. Mugavin v. NyquistAppellate Division of the Supreme Court of the State of New York · 1975
  3. Boyd v. CollinsNew York Court of Appeals · 1962
  4. Pennsylvania RR Co. v. State of NYNew York Court of Appeals · 1962
  5. Lapolla v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1939

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

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