Opinion

Addabbo v. Donovan

  • 22 A.D.2d 383
  • 256 N.Y.S.2d 178
  • 1965 N.Y. App. Div. LEXIS 5072
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jan 11, 1965
Status
Published
Author
Ughetta
On the bench
Beldock, Christ, Ughetta
Cited by
6 cases
Authority
More cited than 0.4%

The opinion

Ughetta, J. (concurring).

I concur .solely on the ground that, under the circumstances here, it was within the competence of •the Board of Education to effectuate a plan whereby all children of a given grade attend one school. But in the proper exercise of such power- no child may be discriminated against by being forced to attend a certain school because of his color, whether the discrimination be in the professed interests of integration or segregation. “ Classifications based on race [or color] for purposes of transfers between public schools * * * violate the Equal Protection Clause of the Fourteenth Amendment” (Goss v. Board of Educ. 373 U. S. 683, 687 ).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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