MATTER OF ISQUITH v. LEVITT


285 A.D. 833 (1955)

In the Matter of Santley Isquith, as General Guardian of Aaron Isquith, an Infant, Appellant, v. Arthur Levitt et al., Constituting The Board of Education of the City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 24, 1955.


Order unanimously affirmed, without costs.

Once a kindergarten has been established, it becomes a part of the public school system, despite the fact that the maintenance of a kindergarten is discretionary with the board of education. When petitioner's child reached the age of five years, he was entitled to attend public school (Education Law, § 3202, subd. 1), but his parents did not have the right to insist that the child be admitted to a particular grade or...

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