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BD. OF EDUC. v. WIEDER

132 A.D.2d 409 (1987)

Board of Education of the Monroe-Woodbury Central School District, Appellant-Respondent, v. Abraham Wieer, Individually and as Parent and Natural Guardian of Hudes Wieder, and on Behalf of All Others Similarly Situated, et al., Respondents-Appellants

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

December 28, 1987

Attorney(s) appearing for the Case

Ingerman, Smith, Greenberg, Gross, Richmond, Heidelberger & Reich (Lawrence W. Reich of counsel), for appellant-respondent.

Siff, Rosen & Parker, P. C. (Louis G. Adolfsen and Darrel M. Seife of counsel), for respondents-appellants.

Norman H. Gross (Jay Worona of counsel), for The New York State School Boards Association, Inc., amicus curiae.

THOMPSON, J. P., WEINSTEIN and RUBIN, JJ., concur.

HARWOOD, J.

This proceeding calls upon the court to determine a fundamental question as to whether the providing of special education services by the plaintiff to handicapped Hasidic children pursuant to the education laws of the State and Federal Governments, in facilities and under conditions that constitute a religious setting, violates the Establishment Clause of the First Amendment of the US Constitution...

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