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OROZCO BY ARROYO v. SOBOL

No. 87 Civ. 6822 (GLG).

703 F.Supp. 1113 (1989)

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.

January 19, 1989.

Attorney(s) appearing for the Case

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

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

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

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

OPINION

GOETTEL, District Judge.

Public education in the State of New York, as in most States, is grounded upon a residency requirement. Under the New York Constitution, the State Legislature is empowered to "provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated." N.Y. Const. art. XI, § 1. Consistent with that mandate, the State Legislature has provided that any "person over...

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