A unanimous appellate panel has thrown out a lawsuit by New York City’s teachers union accusing the Board of Education of failing to spend hundreds of millions of dollars in state aid earmarked for reducing class sizes, saying the dispute belonged before the New York State Education Commissioner.
The Appellate Division, First Department, decision yesterday in Mulgrew v. Board of Education of the City School District of the City of New York, 260000/10, overturned a decision handed down last July by Bronx Supreme Court Justice John A. Barone (See Profile), who refused to dismiss the case. The panel’s opinion was written by Justice David B. Saxe (See Profile), with Justices Angela Mazzarelli (See Profile), Rolando T. Acosta (See Profile) and Helen E. Freedman (See Profile) concurring.
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