BROWN v. BD. OF EDUC.


110 Misc.2d 164 (1981)

Robert J. Brown, Individually and as Father of Frank Brown, an Infant, et al., Plaintiffs, v. Board of Education, Whitesboro Central School District et al., Defendants.

Supreme Court, Special Term, Albany County.

July 10, 1981


Attorney(s) appearing for the Case

O'Hara & O'Hara (Dennis E. A. Lynch of counsel), for plaintiffs. Foley & Frye (Richard A. Frye of counsel), for Board of Education, Whitesboro Central School District and others, defendants. Robert Abrams, Attorney-General (Judith I. Ratner of counsel), for Gordon M. Ambach, defendant.


EDWARD S. CONWAY, J.

This is a motion by the plaintiffs for an order granting them summary judgment for the relief demanded in the complaint on the grounds that there are no triable issues of fact and no defenses to the causes of action asserted in the complaint.

The action on which the instant motion is predicated is an action for a declaratory judgment declaring that section 2023 of the Education...

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