O'Donnell v. Antin

Full title: BRIAN O'DONNELL et al., Appellants, v. ARTHUR A. ANTIN et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Jun 12, 1975

36 N.Y.2d 941 (N.Y. 1975)

373 N.Y.S.2d 549

335 N.E.2d 854

Opinion

Argued May 2, 1975

Decided June 12, 1975

Appeal from the Supreme Court, Westchester County, JOHN C. MARBACH, J.

Leon J. Greenspan and Dennis G. Katz for appellants.

Peter J. Mutino for respondents.

Louis J. Lefkowitz, Attorney-General (Jesse J. Fine and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.

Judgment affirmed, without costs, on the reasoning contained in the opinion by Mr. Justice JOHN C. MARBACH at Special Term ( 81 Misc.2d 849) except that it is not necessary for the court in this case to reach the question of the right of private and parochial schools to participate in public benefits.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.