# Smith v. Community School Board No. 9, Bronx

> Appellate Division of the Supreme Court of the State of New York · September 29, 1975 · 49 A.D.2d 766

URL: https://www.frixlaw.com/law-library/cases/5799727

## Case

- **Full name:** In the Matter of Irving Smith v. Community School Board No. 9, Bronx
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 29, 1975
- **Citations:** 49 A.D.2d 766; 374 N.Y.S.2d 1018; 1975 N.Y. App. Div. LEXIS 10760
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 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/5799727

## Opinion text

Judgment of the Supreme Court, Kings County, dated August 19, 1974, affirmed, without costs. This case does not fall within the ambit of prior cases decided by this court (Matter of Brown v Board of Educ. of City of N.Y., 42 AD2d 702 ; Greenwald v Community School Bd. No. 27, Queens, 42 AD2d 965 ; Matter of Spellens v Community School Bd. No. 19, 48 AD2d 658 ; Matter of Ambrose v Community School Bd. No. 30, 48 AD2d 654 ; Matter of Kindman v Community School Bd. No. 19, 48 AD2d 834 ; Matter of Parris v Board of Educ. of City of N.Y., 48 AD2d 835 ). We reversed and remanded for new hearings in these prior cases solely on the ground that the notices of hearing sent out by the Board of Education violated the board’s own by-laws by failing to notify the petitioners in these cases of their rights, under section 105a of the by-laws, to confront witnesses, call witnesses and introduce relevant evidence. In this case, the notice did so provide and petitioner utilized those rights at the hearing. Gulotta, P. J., Rabin, Martuscello, Latham and Shapiro, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5799727. Public record. Not legal advice.