Costantakos v. Board of Education

In an action to declare part e.of by-law 491 of defendant New York City Board of Education unconstitutional under the equal protection clause of the United States Constitution, plaintiff appeals from a judgment of the Supreme Court, Kings County (Jordan, J.), dated June 24, 1983, which granted defendant’s motion for summary judgment and dismissed the complaint.

Order reversed, without costs or disbursements, defendant’s motion denied, complaint reinstated, and matter remitted to Special Term for further proceedings in accordance herewith.

Special Term erred in dismissing plaintiff’s complaint…