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MTR. OF OEFELEIN v. MSGR. FARRELL SCH.

77 Misc.2d 417 (1974)

In the Matter of Mary Oefelein, as Mother and Natural Guardian of Patrick Oefelein, an Infant, Petitioner, v. Monsignor Farrell High School et al., Respondents.

Supreme Court, Richmond County.

March 13, 1974

Attorney(s) appearing for the Case

Daniel D. Leddy, Jr., for petitioner. John S. Zachary for respondents.

THEODORE G. BARLOW, J.

The petitioner in this article 78 proceeding seeks to revoke the expulsion of her son, Patrick, from Monsignor Farrell High School. It is her contention that the due process and equal protection of the laws provisions of both the Federal and New York State Constitutions require a hearing as a prerequisite to expulsion.

Respondent high school is a private school operated by an arm of the Roman Catholic Church. It has moved...

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