JETER v. ELLENVILLE SCHL. DIST.


50 A.D.2d 366 (1975)

In the Matter of Charles Jeter et al., Respondents, v. Ellenville Central School District et al., Respondents; New York City Board of Education et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 1975


Attorney(s) appearing for the Case

W. Bernard Richland (Alfred Weinstein, L. Kevin Sheridan and Joseph F. Bruno of counsel), for New York City Board of Education and another, appellants.

John D. Gorman for Charles Jeter and others, respondents.

Lonstein & Stapleton (Benjamin Lonstein of counsel), for Ellenville Central School District, respondent.

Kaye, Scholer, Fierman, Hays & Handler (Peter M. Fishbein of counsel), for City School District of the City of New Rochelle, appellant.

Gerald Harris (Jonathan Lovett of counsel), for Westchester County Department of Social Services, respondent.

Diana W. Rivet for Rockland County Department of Social Services, respondent.

Smith, Ranscht, Pollock, Manos & Connors (Peter Matino of counsel), for City School District of City of White Plains, respondent.

Kalter & Gottlieb (Michael R. Gottlieb of counsel), for Tri-Valley Central School District, respondent.

Eugene J. Fox, Corporation Counsel (Richard G. Fontana of counsel), for City of Yonkers Board of Education, appellant.

Joseph R. Zibelli for City of Mount Vernon Board of Education, respondent.

Peter B. Nickles for City of Peekskill Board of Education, respondent.

Jacob E. Gunther for City of Middletown Board of Education, respondent.

Sirota, Bernstein & Steyer (Murray Steyer of counsel), for Yorktown Central School District No. 1, appellant.

Nickerson, Kramer, Lowenstein, Nessen, Kamin & Soll for Mamaroneck Union Free School District, respondent.

Francis J. Sisca for Port Chester-Rye Union Free School District, respondent.

Madden, Plunket, Wetzel & Scott for Union Free School District No. 1 and others, respondents.

SWEENEY, KOREMAN, MAIN and REYNOLDS, JJ., concur.


HERLIHY, P. J.

This action was commenced pursuant to CPLR article 78, on behalf of certain foster parents and foster children in Ellenville, New York, against the Ellenville Central School District (hereinafter Ellenville) which had refused to admit the children to public schools until their tuition was paid by either the school district where each child resided when he was removed to a foster home in Ellenville...

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