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CATLIN v. SOBOL

141 Misc.2d 169 (1988)

Dunbar E. Catlin, an Infant, by His Parents and Natural Guardians, Daniel Catlin et al., Plaintiff, v. Thomas Sobol, as Commissioner of Education of the State of New York, et al., Defendants.

Supreme Court, Albany County.

September 29, 1988

Attorney(s) appearing for the Case

Anderson, Banks, Moore, Curran & Hollis for plaintiff. Robert Abrams, Attorney-General, for Thomas Sobol, defendant. Hogan & Sarzynski for John F. Holdorf, as Superintendent of Schools of the Edmeston Central School District, and another, defendants.

PAUL E. CHEESEMAN, J.

This case is one of first impression in the courts of the State. It is also a case of great importance as it relates to the plaintiff, Dunbar Elliot (Dell) Catlin, a 15-year-old, mentally retarded infant.

We are asked to decide whether the Commissioner of Education (hereinafter Commissioner) correctly applied New York's residency statute (Education Law § 3202 [4] [b]) in denying...

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