Supreme Court Albany County "In the Matter of the Application of Board of Education of the City of New York and William Jansen as Superintendent of Schools of the City of New York, Petitioners, For an order pursuant to Article 78 of the Civil Practice Act --against-- James E. Allen, Jr., as Commissioner of Education of the State of New York, Harry Adler, Julius Nash, Minerva Feinstein, Irving Mauer, and Samuel S. Cohen, Defendants." (35149)
Date: December 13, 1957
To be argued by: Peter Campbell Brown
Content: Petitioners' Memorandum "This is a proceeding under Article 78 of the Civil Practice Act to review a decision made by the Commissioner of Education on August 7, 1956, which stayed the Board the Education of the City of New York and its Superintendent of Schools (1) from questioning the individual defendants or any other teachers or subordinate employees of the said Board, as to the identity of other present employees of the Board who have been or now are members of the Communist Party, and (2) from suspending or preferring charges against the individual defendants herein or any other teachers or employees for refusal to identify present employees of said Board of Education whom such defendants, teachers of employees, at the time of their alleged severance from the Communist Party, knew to be fellow party members. Defendant Cohen, who is a school principal, was directed by the Commissioner to identify any person in his particular school whom he knew or believed to be a Communist. Otherwise, the Commissioner of Education did not distinguish defendant Cohen from the other teacher defendants herein."