The appeal must be dismissed. One facet of that plan was for PS 56 to become a school for grades two through six only. The plan was approved in part by respondent's Office of Zoning on behalf of the Chancellor of the New York City School District on April 24, 1997. Petitioner challenges respondent's rezoning plan in CSD 27, asserting that the plan will not alleviate overcrowding of schools in the district, will result in greater racial imbalance in at least one school, will deprive his son of the opportunity to be in a school with younger children, will unfairly benefit some neighborhoods, and will limit the opportunity for siblings to attend school together in their younger years.
Petitioner requests a return to the school usage pattern that existed prior to the rezoning.
Respondent contends that petitioner failed to exhaust his administrative remedy of an appeal to respondent, that petitioner has failed to demonstrate a legal right to the relief he requests, that District 27's rezoning plan is a well-planned and good faith effort to address the problem of overcrowded schools in the district, and that the rezoning plan is not discriminatory. That request was denied on June 3, 1997. The first application was submitted in response to the papers submitted by respondent in opposition to petitioner's stay request, but the stay was denied before the application was received in my Office of Counsel. The second application does not contain information that is useful to the resolution of petitioner's appeal. Accordingly, both applications are denied and I will not consider the affidavits submitted therewith.