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BRADSTREET v. SOBOL

225 A.D.2d 175 (1996)

650 N.Y.S.2d 402

Jill S. Bradstreet, as Parent and Natural Guardian of Charlotte E. Bradstreet, an Infant, Appellant, v. Thomas Sobol, as New York State Commissioner of Education, Respondent

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

November 27, 1996

Attorney(s) appearing for the Case

Kriss, Kriss & Brignola, Albany (Charles T. Kriss of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Denise A. Hartman and Daniel Smirlock of counsel), for respondent.

CARDONA, P. J., MERCURE, WHITE and SPAIN, JJ., concur.

CASEY, J.

As an alternative to public school education, plaintiff provides home schooling to her daughter pursuant to 8 NYCRR 100.10. In this action, plaintiff seeks, inter alia, a declaration that a home-schooled child is eligible to participate in interscholastic sports in the local school district where the child resides. Defendant takes the position that a child who is not enrolled in a public school...

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