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MATTER OF ROCHESTER CITY SCHOOL DISTRICT v. CITY OF ROCHESTER

789.1 CAE 19-01477.

175 A.D.3d 1775 (2019)

107 N.Y.S.3d 604

2019 NY Slip Op 06449

In the Matter of Rochester City School District et al., Respondents, v. City of Rochester et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, Fourth Department.

September 4, 2019.

Attorney(s) appearing for the Case

TIMOTHY R. CURTIN, CORPORATION COUNSEL, ROCHESTER (PATRICK BEATH OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS.

KARL W. KRISTOFF, GENERAL COUNSEL, ROCHESTER CITY SCHOOL DISTRICT, ROCHESTER (ALISON K.L. MOYER OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-RESPONDENTS.

Present-Whalen, P.J., Centra, Peradotto and DeJoseph, JJ.

Memorandum: Respondent-defendant Council of the City of Rochester (City Council) adopted Local Law No. 4 of 2019 (Local Law) to amend the City Charter with regard to the Commissioners of Schools (Commissioners), who constitute petitioner-plaintiff Board of Education of the Rochester City School District (Board). Section 1 of the Local Law amended City Charter § 2-1 by removing the Commissioners from a list of "Elective officers"; section 2 removed the Commissioners'...

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