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CATLIN v. SOBOL

155 A.D.2d 24 (1990)

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

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

March 22, 1990

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Nancy A. Spiegel and Peter H. Schiff of counsel), for Thomas Sobol, appellant.

Hogan & Sarzynski (Edward J. Sarzynski of counsel), for Board of Education of the Edmeston Central School District, appellant.

Anderson, Banks, Curran & Hollis (Lawrence W. Thomas of counsel), for respondents.

Norman H. Gross (Cynthia Plumb Fletcher of counsel), for New York State School Boards Association, Inc., amicus curiae.

WEISS and HARVEY, JJ., concur with CASEY, J.; MAHONEY, P. J., and KANE, J., dissent and vote to reverse in an opinion by KANE, J.

CASEY, J.

Plaintiff Dunbar E. Catlin (hereinafter Dell) was born in 1973 with Down's syndrome. His parents, who resided in the Town of Bedford, Westchester County, elected to place Dell in the family home of Samuel and Elizabeth Conde in the Town of Edmeston, Otsego County. The Condes are certified by the State Department of Social Services to provide care "at board" for children up to the age of 18. Dell has...

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