JETER v. ELLENVILLE SCH. DIST.


81 Misc.2d 511 (1975)

In the Matter of Charles Jeter et al., on Behalf of Themselves and on Behalf of All Others Similarly Situated and on Behalf of Darryl Taylor et al., Infants, and All Others Similarly Situated, Petitioners, v. Ellenville Central School District et al., Respondents.

Supreme Court, Special Term, Ulster County.

March 27, 1975


Attorney(s) appearing for the Case

John D. Gorman for petitioners. Lonstein & Stapleton (Benjamin Lonstein of counsel), for Ellenville Central School District, respondent. Gerald Harris, County Attorney (Richard W. McAtamney, Sr., of counsel), for Westchester County Department of Social Services, respondent. Diana W. Rivet, County Attorney (John B. Franklin of counsel), for Rockland County Department of Social Services, respondent. Smith, Ranscht, Pollock, Manos & Connors (Peter J. Mutino of counsel), for City School District of the City of White Plains, respondent. Kalter & Gottlieb (Michael Gottlieb of counsel), for Tri-Valley Central School District, respondent. Adrian P. Burke, Corporation Counsel (Joseph F. Bruno of counsel), for New York City Board of Education, respondent. Eugene J. Fox, Corporation Counsel (Richard G. Fontana of counsel), for City of Yonkers Board of Education, respondent. Joseph R. Zibelli for City of Mount Vernon Board of Education, respondent. Kaye, Scholer, Fierman, Hays & Handler (Theodore J. Fischkin of counsel), for City of New Rochelle Board of Education, respondents. 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 (Lakeland Schools), respondent. Nickerson, Kramer, Lowenstein, Nessen, Kamin & Soll (Arthur B. Kramer of counsel), for Mamaroneck Union Free School District, respondent. Francis J. Sisca for Port Chester-Rye Union Free School District, respondent. Madden, Plunkett, Wetzel & Scott (William F. Plunkett, Jr., of counsel), for Union Free School District No. 1., Cortlandt School District No. 2 (Croton-Harmon Public Schools), respondent.


JOHN L. LARKIN, J.

This is a proceeding, brought on by order to show cause, pursuant to CPLR article 78, to compel the respondent Ellenville Central School District (Ellenville) to permit certain foster children residing within its jurisdiction to attend school for the term commencing September, 1974. The petition was initiated by various foster parents and foster children residing within the respondent district...

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