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ALFONSO v. FERNANDEZ

151 Misc.2d 899 (1992)

In the Matter of Ignacia Alfonso et al., on Behalf of Themselves and All Others Similarly Situated, et al., Petitioners, v. Joseph A. Fernandez et al., Respondents.

Supreme Court, Richmond County.

April 23, 1992

Attorney(s) appearing for the Case

Donovan Leisure Newton & Irvine (Paul A. Crotty of counsel), for petitioners. O. Peter Sherwood, Corporation Counsel (Dorian Gopstein of counsel), for respondents. John D. Murnane for amici curiae in support of petition. Berle, Kass & Carr (Deborah Goldberg of counsel), for amici curiae in opposition to petition.

PETER P. CUSICK, J.

This is a petition in the nature of a CPLR article 78 proceeding, challenging the respondent's program to distribute condoms to students in the public high schools, on statutory or constitutional grounds. Petitioners also seek declaratory and injunctive relief.

The petitioners, Alfonso and Gough, are parents of unemancipated minors who are students at local public high schools. Petitioner...

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