# Addabbo v. Donovan

> Appellate Division of the Supreme Court of the State of New York · January 11, 1965 · 22 A.D.2d 383

URL: https://www.frixlaw.com/law-library/cases/5751564

## Case

- **Full name:** In the Matter of Remo J. Addabbo, Individually and as the Parent and Natural Guardian of Raymond Addabbo, an Infant v. James B. Donovan, Constituting the Board of Education of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 11, 1965
- **Citations:** 22 A.D.2d 383; 256 N.Y.S.2d 178; 1965 N.Y. App. Div. LEXIS 5072
- **Precedential status:** Published
- **Opinion:** Concurrence by Ughetta
- **Judges:** Beldock, Christ, Ughetta
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5751564

## Opinion text

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 ).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5751564. Public record. Not legal advice.