ESPOSITO v. BARBER


74 N.J. Super. 289 (1962)

181 A.2d 201

JOSEPH ESPOSITO AND ROSE ESPOSITO, HIS WIFE, INDIVIDUALLY AND AS GUARDIANS AD LITEM OF ELAINE ESPOSITO, AN INFANT, PLAINTIFFS, v. ANSON B. BARBER, SUPERINTENDENT OF THE PUBLIC SCHOOLS OF NUTLEY, NEW JERSEY, THE BOARD OF EDUCATION OF NUTLEY, NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 16, 1962.


Attorney(s) appearing for the Case

Mr. Abraham Miller, attorney for the plaintiffs (Mr. Michael H. Hockman, on the brief).

Mr. C. Russell Kramer appeared for defendants (Messrs. Smith, Kramer & Morrison, attorneys; Mr. Kramer, on the brief).


MASUCCI, J.C.C. (temporarily assigned).

This trial involves an application in lieu of prerogative writs to compel the Town of Nutley (hereafter referred to as Nutley) to provide adequate training, education and speech therapy to the infant plaintiff, a mentally retarded child, who is also afflicted with speech difficulty.

The application is made under the provisions of a statute providing for the training and education of subnormal and physically handicapped...

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