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RODRIGUEZ v. JOSEPH

149 A.D.2d 14 (1989)

Milagros Rodriguez, on Behalf of Herself, Her Son, Benjamin Lara, an Infant, and All Others Similarly Situated, et al., Appellants-Respondents, and Diane Lenihan, on Behalf of Herself, Her Son, Jonathan Lenihan, an Infant, and All Others Similarly Situated, Intervenor-Appellant-Respondent, v. Stephen Joseph, as Commissioner of Health of The City of New York, et al., Respondents-Appellants

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

August 3, 1989

Attorney(s) appearing for the Case

Matthew Diller of counsel (Janet Sabel with him on the brief; John E. Kirklin, attorney), for appellants-respondents and intervenor-appellant-respondent.

John Hogrogian of counsel (Pamela Seider Dolgow with him on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for respondents-appellants.

SULLIVAN, J. P., ASCH, WALLACH and RUBIN, JJ., concur.

MILONAS, J.

Plaintiffs herein are parents of kindergarten-age children who have commenced the instant action for a declaratory judgment invalidating a citywide waiver granted by the Commissioner of Health to the Board of Education exempting it from compliance with section 47.11 of the New York City Health Code, which provides in pertinent part that:

"(a) A teacher qualified pursuant to section 47.09...

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