AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

CAROL ENGLE et al., Appellants, v. STANLEY PULVER et al., Constituting the Board of Education of the Pine Plains Central School District, Respondents.

In a proceeding pursuant to CPLR article 78, inter alia, to "annul" a determination by the respondents to close an elementary school on the ground that the determination was made in violation of the State Environmental Quality Review Act (Environmental Conservation Law, art 8), the appeal is from a judgment of the Supreme Court, Dutchess County, dated August 26, 1980, which dismissed the petition. Judgment affirmed, with $50 costs and disbursements. The closing of the Cold Spring Elementary School for budgetary reasons and the transfer of some 300 students to the Seymour Smith Elementary School was a routine activity of an educational institution which does not involve capital construction (see 6 NYCRR 617.13; see, also, Matter of Hopkins v Board of Educ., 99 Misc.2d 216). Accordingly, it was not necessary for respondents to file an environmental impact statement or follow any other procedure under the State Environmental Quality Review Act (see 6 NYCRR 617.13 [a]). A board of education has the power, authority and responsibility to administer the affairs of a school district pursuant to subdivision 33 of section 1709 Educ. of the Education Law and has broad discretion in the assignment of pupils to schools (see Matter of De Vito v. Nyquist, 56 A.D.2d 159, affd 43 N.Y.2d 681; Matter of Older v. Board of Educ., 27 N.Y.2d 333). Damiani, J.P., Lazer, Cohalan and Thompson, JJ., concur.

Use AI to get other relevant cases.

Comments

ENGLE v. PULVER
(Feb 17, 1981)