LEWIS v. SOBOL

No. 88 Civ. 6434 (MEL).

710 F.Supp. 506 (1989)

Mariela LEWIS and Alan Fishkin, individually and as guardians of Abigail Lewis-Fishkin, and Abigail Lewis-Fishkin, Plaintiffs, v. Thomas SOBOL, in his individual and official capacity as New York State Commissioner of Education, Dr. David Axelrod, in his individual and official capacity as New York State Commissioner of Health, Dr. Donald Batista, in his individual and official capacity as Superintendent of the Yonkers Public Schools, Lois Jameison, in her individual and official capacity as Assistant Superintendent of the Yonkers Public Schools, Lillian Mein, in her individual and official capacity as principal of Yonkers Pearls School No. 32, and the Yonkers Public School District, Defendants.

United States District Court, S.D. New York.

April 13, 1989.


Attorney(s) appearing for the Case

Leon Friedman, Erica Horwitz, New York City, for plaintiffs.

Anderson, Banks, Moore, Curran & Hollis, Mount Kisco, N.Y., for defendants; Lawrence W. Thomas, James P. Drohan, of counsel.


LASKER, District Judge.

Mariela Lewis and Alan Fishkin instituted this action on behalf of their five year old daughter Abigail Lewis-Fishkin ("Abigail") to enjoin defendants Thomas Sobol, New York State Commissioner of Education; Dr. Donald M. Batista, Superintendent of the Yonkers Public Schools; the Yonkers Public School District and various other state and local education officials (collectively "Yonkers") from excluding Abigail from attending kindergarten because...

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