E. N. Y. YOUTH SOCCER ASSN. v. N. Y. STATE PUBLIC HIGH SCH. ATHLETIC ASSN.


108 A.D.2d 39 (1985)

In the Matter of Eastern New York Youth Soccer Association et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. New York State Public High School Athletic Association, Inc., et al., Appellants

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

April 25, 1985


Attorney(s) appearing for the Case

McGivern, Shaw & O'Connor (Ronald R. Shaw of counsel), for appellants.

Rebell & Krieger (Michael A. Rebell and Roberta G. Koenigsberg of counsel), for respondents.

MAIN, J. P., WEISS, YESAWICH, JR., and HARVEY, JJ., concur.


MIKOLL, J.

The issue before us is whether Special Term properly held that a rule of respondent New York State Public High School Athletic Association, Inc. (hereinafter respondent), was arbitrary and capricious as applied to outside soccer competition and in violation of the US Constitution, 1st, 9th and 14th Amendments, in that it invades a constitutionally protected sphere of family decision making. Respondent...

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