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WARE v. VAL. STREAM HIGH

150 A.D.2d 14 (1989)

John Ware Al., Appellants, v. Valley Stream High School District et al., Respondents

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

September 5, 1989

Attorney(s) appearing for the Case

Reisman, Pierez, Reisman & Calica (Robert M. Calica and Myra P. Lapidus of counsel), for appellants.

D'Amato & Lynch (Theodore Deliyannis and Lynne A. Bizzarro of counsel), for Valley Stream High School District, respondent.

Robert Abrams, Attorney-General (Lawrence S. Kahn and Elizabeth Bradford of counsel), for New York State Commissioner of Education and another, respondents.

MOLLEN, P. J., MANGANO, THOMPSON, BRACKEN and BROWN, JJ., concur.

Per Curiam.

The primary issue to be resolved on this appeal is whether certain regulations promulgated by the Commissioner of Education of the State of New York (hereinafter the Commissioner) requiring all primary and secondary school students to receive instruction with regard to Acquired Immune Deficiency Syndrome (hereinafter AIDS), and alcohol and drug abuse, impermissibly violate, inter alia, the appellants' First...

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