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MTR BENNETT v. SCH. DIST.

114 A.D.2d 58 (1985)

In the Matter of Jean Bennett, as Mother and Natural Guardian of Erica Bennett, an Infant, Appellant, v. City School District of New Rochelle, Respondent

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

December 30, 1985

Attorney(s) appearing for the Case

Ira Richard Bennett for appellant.

Kaye, Scholer, Fierman, Hays & Handler (Peter A. Walker and Lori M. Manzer of counsel), for respondent.

BROWN, J. P., O'CONNOR and WEINSTEIN, JJ., concur.

RUBIN, J.

This appeal presents two issues for review. The first question we must determine is whether Education Law article 90 or the education article of the State Constitution (NY Const, art XI, § 1) imposes an affirmative duty upon a school district to implement a full-time education program for all students identified as gifted in the district. If the answer is no, we must also determine whether a lottery...

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