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JETER v. ELLENVILLE CENT.

41 N.Y.2d 283 (1977)

In the Matter of Charles Jeter et al., Respondents, v. Ellenville Central School District et al., Respondents, Board of Education of the City of Yonkers et al., Appellants-Respondents, and Board of Education, City School District of the City of New Rochelle, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided February 15, 1977.

Attorney(s) appearing for the Case

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

Eugene J. Fox, Corporation Counsel (Howard Most of counsel), for Board of Education of City of Yonkers, appellant-respondent.

Peter M. Fishbein and Robert S. Ellenport, New York City, for Board of Education, City School District of City of New Rochelle, respondent-appellant.

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

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.

JONES, J.

We hold that paragraph a of subdivision 5 of section 3202 of the Education Law is to be interpreted as imposing the cost of instruction of pupils placed in family homes at board by social services districts and State departments and agencies on the school district in which the pupil resided at the time the district, department or agency assumed responsibility for his support and maintenance, provided...

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