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MTR. OF SPITALERI v. NYQUIST

74 Misc.2d 811 (1973)

In the Matter of Joseph Spitaleri, by His Father Salvatore Spitaleri, Petitioner, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

June 15, 1973

Attorney(s) appearing for the Case

Flaum, Imbarrato & Mondello (Victor M. Ort of counsel), for petitioner. Eli H. Mellan for Board of Education of Union Free School District No. 5 and another, respondents. Robert D. Stone and J. Michael Eadry for Commissioner of Education, respondent.

A. FRANKLIN MAHONEY, J.

This motion, pursuant to CPLR article 78, seeks a judgment reversing the decision of the Commissioner of Education, dated November 15, 1972, which dismissed petitioner's appeal from a finding by the Union Free School District No. 5, Town of Hempstead, that the petitioner, Joseph Spitaleri, was medically disqualified from participating in the sport of football at Levittown Memorial High School.

From the supporting papers...

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