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BD. OF EDUC. v. SOBOL

160 Misc.2d 539 (1994)

610 N.Y.S.2d 426

In the Matter of the Board of Education of the Baldwin Union Free School District, Petitioner, v. Thomas Sobol, as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Nassau County.

March 4, 1994

Attorney(s) appearing for the Case

Ingerman, Smith, Greenberg, Gross, Richmond, Heidelberger, Reich & Scricca, Northport (Lawrence Reich of counsel), for petitioner. G. Oliver Koppell, Attorney-General, Mineola (Carol Fiske of counsel), for respondents. Michael E. Deffet, Hauppauge, for Lee Rafalowitz, respondent.

ALLAN L. WINICK, J.

Proceeding by Baldwin Union Free School District for judgment pursuant to CPLR article 78 and New York State Education Law § 4404 (3) vacating and setting aside the determination of Henry A. Fernandez, as State Review Officer (SRO), is denied and the SRO's decision is affirmed and the petition is dismissed.

STATEMENT OF FACTS

Lee R. (Lee) is a fifth grade student at...

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