285 A.D. 601 | N.Y. App. Div. | 1955
We agree with the decision of Special Term that the complaints must be dismissed. We do not deem it necessary to comment further on the conclusion reached by Special Term that section 1526 of the Education Law violates no constitutional right of the appellants. Further citation of authorities is unnecessary to sustain the conclusion that section 1526 does not offend the Constitution either because the voters of City School District No. 9 of the City of Corning were not permitted to vote or because there was an unconstitutional delegation of legislative powers to the Commissioner of Education. There is no constitutional right to vote and section 1526 does not give the city school district the statutory right to do so. The delegation of the legislative power to the Commissioner of Education is not without limitations and standards set by the Legislature. (See Matter of Board of Educ. of Bethlehem Union Free School Dist. v. Wilson, 303 N. Y. 107, and Gardner v. Ginther, 232 App. Div. 296, affd. 257 N. Y. 578.)
We likewise agree that there was no illegality in the manner in which the area meeting was conducted. We do not deem it necessary for such conclusion, however, to determine whether District No. 13 of the City and Town of Corning was a city school district or not, nor to determine whether section 2037 of article 41 of the Education Law applies to a city school district. We are of the opinion that the meeting held pursuant to section 1526 of the Education Law is not in any way regulated by the provisions of article 41 relating to “ district meetings ” nor by the provisions of article 53 relating to elections in “ city school districts.” The provisions of section 1526 are sui generis. Section 1526 is
The judgments should be affirmed.
All concur. Present — McCurn, P. J., Vaughan, Kimball, Pipes and Van Duser, JJ.
Judgments affirmed, without costs of this appeal to either party.