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PITTS v. BUFFALO BD. OF EDUC.

51 A.D.2d 658 (1976)

Ruth S. Pitts et al., as Parents and Guardians ad Litem of Phillip Sink, Appellants, v. Buffalo Board of Education, Respondent

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

January 16, 1976

Appeal unanimously dismissed, without costs, in accordance with the following memorandum: This is an appeal from a nonfinal order of Special Term, Erie County, in an article 78 proceeding, which directed a hearing pursuant to section 3214 of the Education Law and denied petitioners' demand for the immediate reinstatement of their son, Phillip. The respondent school board clearly lacks authority to keep Phillip out of school for more...

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