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MURTAGH v. NYQUIST

78 Misc.2d 876 (1974)

Patrick Murtagh, by His Father and Natural Guardian, Joseph Murtagh, et al., Petitioners, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Sullivan County.

May 17, 1974

Attorney(s) appearing for the Case

David Cohen for petitioners. Robert D. Stone for Ewald B. Nyquist, as Commissioner, respondent.

JOHN T. CASEY, J.

The petitioners have instituted an article 78 proceeding wherein they seek to set aside a determination whereby the petitioners were prohibited from participating in high school athletics.

The petitioners were prohibited from participating in high school athletics because of section 135.4 (subd. [e], par. [3], cl. [i], subcl. [a]) of the Rules and Regulations of the Commissioner...

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