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MATTER OF ACKERMAN v. RUBIN

35 Misc.2d 707 (1962)

In the Matter of Abraham Ackerman, Petitioner, v. Max J. Rubin et al., Constituting the Board of Education of the City of New York, et al., Respondents.

Supreme Court, Special Term, Bronx County.

August 16, 1962

Attorney(s) appearing for the Case

Samuel B. Hurwitz and Irving A. Silverman for petitioner. Leo A. Larkin, Corporation Counsel, for respondents.

BERNARD NEWMAN, J.

Petitioner seeks an order of the court (Civ. Prac. Act, art. 78) compelling respondents to admit his son, who has completed his sixth grade and is now eligible to enter the Junior High School Division, to a two-year special progress class in September of 1962, to be conducted at his Junior High School in The Bronx.

Respondents readily concede that the pupil is academically well qualified, but have denied him admission to the...

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