AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
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
Attorney(S)
Judges

THELMA B. SCHNEPEL et al., Appellants, v. BOARD OF EDUCATION OF THE CITY OF ROCHESTER, Respondent.

Per Curiam.

Section 51 of the General Municipal Law authorizes actions by taxpayers against illegal acts of "all officers, agents, commissioners and other persons acting, or who have acted, for and on behalf of any county, town, village or municipal corporation in this state". Section 2 of the same statute defines a "municipal corporation" as including "only a county, town, city and village."

A board of education is not a municipal corporation within the meaning of the above provisions (see Hamilton v. Baker, 243 N.Y. 578; Brooks v. Wyman, 246 N.Y. 534; Blackburn v. Clements, 297 N.Y. 971). Suggestion of a contrary viewpoint may be found in Lewis v. Board of Educ. of City of N.Y. ( 258 N.Y. 117) but, in our opinion, should not be accepted.

The judgment should be affirmed, with costs.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and and FROESSEL, JJ., concur.

Judgment affirmed.

Use AI to get other relevant cases.

Comments

SCHNEPEL v. BOARD OF EDUC. OF CITY OF ROCHESTER
(Jan 18, 1951)