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McCARTNEY v. AUSTIN

57 Misc.2d 525 (1968)

Thomas E. McCartney II, an Infant, by Thomas E. McCartney, His Parent and Natural Guardian, et al., Plaintiffs, v. William R. Austin et al., Constituting the Board of Education of the Maine-Endwell School District, et al., Defendants.

Supreme Court, Special Term, Broome County.

August 16, 1968

Attorney(s) appearing for the Case

Simmonds & Fauci (Salvatore A. Fauci of counsel), for plaintiffs. Thomas & Ray (Herbert H. Ray of counsel), for defendants. Louis J. Lefkowitz, Attorney-General (Thomas G. Conway and Ruth Kessler Toch of counsel), for State of New York.

DAVID F. LEE, JR., J.

In this action for declaratory judgment and injunction defendants move to dismiss plaintiffs' complaint on the ground that "the pleading fails to state a cause of action" (CPLR 3211, subd. [a], par. 7), and for summary judgment pursuant to CPLR 3212. The plaintiffs, by way of cross motion, move for summary judgment.

The infant plaintiff Thomas E. McCartney II who resides with his parents in the Maine-Endwell School District...

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