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  5. 55 A.D.2d 424 (1977)
 

MTR. OF FRANZ

55 A.D.2d 424 (1977)

In the Matter of John Franz, a Child Alleged to be Neglected. Barbara Franz, Appellant; Ray Shipman, as Representative of The Board of Education of the City of New York, et al., Respondents In the Matter of Peter Franz and Another, Children Alleged to be Neglected. Barbara Franz, Appellant; Ray Shipman, as Representative of The Board of Education of the City of New York, et al., Respondents

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

January 24, 1977

Attorney(s) appearing for the Case

Steven M. Schwartz (Gail S. Zigman and Robert Mark on the brief), for appellant.

HOPKINS, Acting P. J. and SUOZZI, J., concur; SHAPIRO, J., concurs in the result.

COHALAN, J.

The appellant, Barbara Franz, a widow, is the mother of three children of compulsory school attendance age. Because the youngest child John, then aged six and one-half years, was not doing well in reading and arithmetic at public school, she kept him at home with the avowed intention of teaching him herself, in seeming defiance of the provisions of article 65 of the Education Law.

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