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BUSHWICK PARENTS ORG v. MILLS

225 A.D.2d 104 (1996)

649 N.Y.S.2d 516

In the Matter of Bushwick Parents Organization, Appellant, v. Richard P. Mills, as Commissioner of Education of The State of New York, et al., Respondents

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

November 7, 1996

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Robert S. Smith, Dina Gerber Huebner and Joseph P. Verdon of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Wayne L. Benjamin and Mara B. Ginsberg of counsel), for Richard P. Mills, respondent.

Sandra Del Valle, New York City, for Aspira of New York, Inc., respondent.

CARDONA, P. J., MERCURE, CREW III and PETERS, JJ., concur.

WHITE, J.

Petitioner is an organization of parents whose children attend public schools in Community School District No. 32, located in New York City in the Bushwick section of Brooklyn. Petitioner's primary contention in this proceeding is that respondent Commissioner of Education is violating the mandate of Education Law § 3204 (2) by routinely and improperly extending a three-year time limitation on...

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