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WALSH HIGH v. ATHLETIC ASSN

88 N.Y.2d 131 (1996)

666 N.E.2d 521

643 N.Y.S.2d 928

Archbishop Walsh High School, Appellant, v. Section VI of the New York State Public High School Athletic Association, Inc., Respondent.

Court of Appeals of the State of New York.

Decided April 2, 1996.

Attorney(s) appearing for the Case

Dwyer & Black, P. C., Olean (Joseph C. Dwyer of counsel), for appellant.

Magavern, Magavern & Grimm, L.L.P., Buffalo (James L. Magavern and Robin J. Chapman of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, SMITH, LEVINE and CIPARICK concur with Judge BELLACOSA; Judge TITONE dissents in a separate opinion.

BELLACOSA, J.

The sole issue on this appeal is whether the denial to appellant Archbishop Walsh High School of membership in Section VI of the New York State Public High School Athletic Association, Inc. constitutes a deprivation of appellant's right to equal protection of the law under the Fourteenth Amendment of the United States Constitution. Both courts below found no such violation, and Walsh appeals to...

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