Bd. of Trs. of Common Sch. Dist. No. 2 of the Town of Dickinson v. Comm'r of Educ. of the State of New York
In the Matter of Board of Trustees of Common School District No. 2 of the Town of Dickinson, Respondent, v. Commissioner of Education of the State of New York Et Al., Appellants
Opinion
Memorandum.
The order of the Appellate Division should be affirmed, without costs. The State Education Department, its governing body, the Board of Regents, the Committee of Regents, designated ad hoc as provided by law, and the Commissioner of Education are integrally related (Education Law, § 101). Indeed, it is doubtful but not necessary to decide whether the Committee of Regents was a continuing or suable entity separate from the larger Board of Regents. Under these circumstances, and because the notice and petition served on the Commissioner of Education as the chief administrative officer of the department were completely informative of the party or parties involved as respondents and the issues at stake, the Appellate Division was eminently correct in ignoring technical deficiencies, none of which were serious or prejudicial, in concluding that there had been adequate service, notice, and presence of necessary parties. Modern jurisprudence generally and CPLR 2001 specifically direct a recognition of realities and the needs of justice and the ignoring of technical deficiencies.
Chief Judge Fuld and Judges Burke, Breitel, Jasen, GabrieliíI, Jones and Wachtler concur in memorandum.
Order affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 6 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.