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Opn. No.
See Mercado v. Scribner, 38 A.D.2d 444 , 449 (2d Dep't), aff'd, 30 N.Y.2d 811 (1972) (to initiate a special election to fill every vacancy on an elective board would constitute "an unnecessary and unreasonable imposition of an economic burden upon the State or municipality chargeable therewith and upon the electorate participating in such an election"); cf. Resnick, 44 N.Y.2d at 285-86 (while the "idea that local officials should be chosen by local constituencies is one with deep roots in our democratic polity," challenged local laws "focus[ed] on how these officers are to be chosen for interi…
Retrieving the full opinion text from the archive…
Lucy Mercado, as Parents of Children Attending a Public School in New York City Community School Board District 1
v.
Harvey B. Scribner, as Chancellor of the Board of Education of the City of New York
v.
Harvey B. Scribner, as Chancellor of the Board of Education of the City of New York
New York Court of Appeals.
Jun 1, 1972.
286 N.E.2d 280
1972 N.Y. LEXIS 1278
Joseph Frost and Abraham W. Sereysky for appellants., J. Lee Rankin, Corporation Counsel (Jesse J. Fine, Stanley Buchsbaum and Paula Omansky of counsel), for respondents.
Cited by 2 opinions | Published
Lead Opinion
[*813] no opinion.
Concurrence
Concur: Chief Judge Fuld and Judges Burke, Bergan, Breitel, Jasen and Gibson.
Dissent
Judge Scileppi dissents and votes to reverse on the dissenting opinion at the Appellate Division.