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LEVY v. NORTHPORT-EAST NORTHPORT U. FREE SCHOOL D.

No. CV 87-3197.

708 F.Supp. 511 (1989)

In the Matter of Louis LEVY, etc., et al., Plaintiffs, v. NORTHPORT-EAST NORTHPORT UNION FREE SCHOOL DISTRICT, et al., Defendants.

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

March 23, 1989.

Attorney(s) appearing for the Case

James F. Filenbaum, Spring Valley, N.Y., for plaintiffs.

Ingerman, Smith, Greenberg, Gross & Richmond by Warren Richmond III, Northport, N.Y., for defendants Northport-East Northport Union Free School Dist., Dr. William J. Brosnan, John Scurti and Clifford Bishop.

Robert Abrams, New York State Atty. Gen. by Tarquin Jay Bromley, New York City, for defendants New York State Com'r of Educ. and New York State Com'r of Health.

ORDER

WEXLER, District Judge.

In a Report and Recommendation ("R & R") dated January 5, 1989, Magistrate David F. Jordan granted an award for attorney's fees and costs. Defendants Northport-East Northport Union Free School District and certain other defendants filed timely objections to the R & R.

In this case, plaintiffs challenged successfully the constitutionality of New York Public Health Law § 2164, subd. 9. § 2164 prohibits...

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