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OROZCO BY ARROYO v. SOBOL

No. 87 Civ. 6822 (GLG).

674 F.Supp. 125 (1987)

Sixta L. OROZCO by her next friend Margarita ARROYO, Plaintiff, v. Thomas SOBOL, Individually and as Commissioner of the New York State Department of Education; and Mount Vernon Board of Education; and Dr. William C. Prattella, Individually and as Superintendent of Schools for the City School District of the City of Mount Vernon; and Joseph Williams, Individually and as Attendance Officer of the City School District of the City of Mount Vernon; and Yonkers Board of Education, Dr. Donald Batista, Individually and as Superintendent of the City School District of the City of Yonkers; and Jerry Frank, Individually and as Court Liaison Officer of the City School District of the City of Yonkers, Defendants.

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

November 30, 1987.

Attorney(s) appearing for the Case

Westchester Legal Services, Inc., White Plains, N.Y., for plaintiff; Gerald A. Norlander, Julie A. Mills, of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for defendant Thomas Sobol, Com'r; Stephen M. Jacoby, Asst. Atty. Gen., of counsel.

D'Andrea & Goldstein, Mount Vernon, N.Y., for defendants Mount Vernon Bd. of Educ., Dr. William C. Prattella, and Joseph Williams; Robert Goldstein, of counsel.

Anderson, Banks, Moore & Hollis, Yonkers, N.Y., for defendants Yonkers Bd. of Educ., Dr. Donald Batista, and Jerry Frank; Lawrence W. Thomas, of counsel.

OPINION

GOETTEL, District Judge:

This case is an outgrowth of the myriad of problems confronting our society due to homelessness in America. The immediate issue before this court is deciding the appropriateness of granting a preliminary injunction directing either the Yonkers or Mount Vernon School District to admit a seven year old homeless1 child into their school system. Although the best interests of the child occupy our...

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