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Matter of Clarke v. Anker

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 1975
50 A.D.2d 545 (N.Y. App. Div. 1975)

Opinion

November 20, 1975


Judgment, Supreme Court, Bronx County, entered May 28, 1974, denying petitioner's application for an order directing the respondents to transfer petitioner's children from Public School 111 to Public School 178, unanimously affirmed, without costs and without disbursements. After a physical assault, one of the children was transferred, and properly so. The other transfers for the remaining children were denied on the ground that the school sought was overcrowded. While we sympathize with the parental dissatisfaction, absent the deprivation of a constitutional or statutory right, the decision by respondents that is neither arbitrary nor capricious, may not be disturbed. (Matter of Van Blerkom v Donovan, 15 N.Y.2d 399; Matter of Strippoli v Bickal, 21 A.D.2d 365, affd without opn 16 N.Y.2d 652.)

Concur — Stevens, P.J., Markewich, Kupferman, Capozzoli and Lynch, JJ.


Summaries of

Matter of Clarke v. Anker

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 1975
50 A.D.2d 545 (N.Y. App. Div. 1975)
Case details for

Matter of Clarke v. Anker

Case Details

Full title:In the Matter of ADOLPHUS CLARKE, Appellant, v. IRVING ANKER, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 20, 1975

Citations

50 A.D.2d 545 (N.Y. App. Div. 1975)

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