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CATLIN v. SOBOL

77 N.Y.2d 552 (1991)

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.

Court of Appeals of the State of New York.

Decided April 4, 1991.

Attorney(s) appearing for the Case

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

Edward J. Sarzynski for John Holdorf and another, appellants.

Lawrence W. Thomas and James P. Drohan for respondents.

Jay Worona and Cynthia Plumb Fletcher for the New York State School Boards Association, Inc., amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE and ALEXANDER concur with Judge HANCOCK, JR.; Judge BELLACOSA dissents and votes to affirm in a separate opinion in which Judge TITONE concurs.

HANCOCK, JR., J.

The general rule is that a school district must provide free education to children whose parents or legal guardians reside within the district (see, Education Law § 3202 [1]; People ex rel. Brooklyn Children's Aid Socy. v Hendrickson, 54 Misc. 337, affd 125 App Div 256, affd 196 N.Y. 551). Education Law § 3202 (4) (b) provides that "[c]hildren cared for in...

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