Legal Opinion
Albaum v. Carey
District Court, E.D. New York
Decided December 18, 1969No. 67-C-583PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
2Per curiam
The action must be dismissed.
As to the first cause of action for a judgment declaring section 3012(2) of the New York Education Law invalid: the “competent, efficient and satisfactory” language of the section refers to definite criteria enforceable in New York courts through an Article 78 proceeding the requirements of the federal and state constitutions are read into the provision. Cf. Albaum v. Carey, 283 F.Supp. 3, 5-9 (E.D.N.Y. 1968). A major decision relied upon by the single judge as giving “substance to plaintiff’s position” that section 3012(2) places no…
3Cases cited5 opinions
- Albaum v. CareyDistrict Court, E.D. New York · 1968
- Matter of Puentes v. Bd. of Educ. of Union Free Sch. Dist. No. 21 of Town of BethpageNew York Court of Appeals · 1969
- Puentes v. Board of Ed. of Union Free School Dist. No. 21Supreme Court of the United States · 1968
- Puentes v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1965
- Puentes v. Board of Education of Union Free School District No. 21New York Court of Appeals · 1966
4Cited by5 opinions
- L. Verdelle Clark v. Leslie HolmesCourt of Appeals for the Seventh Circuit · 1973
- Paul G. Simard v. Board of Education of the Town of GrotonCourt of Appeals for the Second Circuit · 1973
- Cook County College Teachers Union, Local 1600, American Federation of Teachers, Afl-Cio, a Voluntary Association v. Milton B. ByrdCourt of Appeals for the Seventh Circuit · 1972
- Taylor v. New York City Transit AuthorityDistrict Court, E.D. New York · 1970
- Tischler v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1971