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TAKEALL BY RUBINSTEIN v. AMBACH

No. 83 Civ. 9443.

609 F.Supp. 81 (1985)

Allan TAKEALL, By His Next Friend, Kenneth RUBINSTEIN, Plaintiff, v. Gordon M. AMBACH, Individually and as Commissioner of the New York State Department of Education; and the Board of Education of the City of White Plains, and Jerry Marcus, Individually and as Superintendent of Schools of the City of White Plains, New York, and James P. Jones, Individually and as Director of Pupil Services of the White Plains Schools, Defendants.

United States District Court, S.D. New York.

March 21, 1985.

Attorney(s) appearing for the Case

Gerald A. Norlander, Westchester Legal Services, White Plains, N.Y., for plaintiff.

Leslie Ruff, Hart & Hume, New York City, for White Plains defendants.

Lillian Cohen, Asst. Atty. Gen., New York City, for defendant Ambach.

MEMORANDUM DECISION

GAGLIARDI, District Judge.

Plaintiff Allan Takeall, an eighteen-year-old who now resides in White Plains, commenced this action on December 29, 1983 pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendants violated his state law rights by refusing him admission to the White Plains public schools and violated his constitutional rights by failing to accord him due process in reaching that decision.1

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