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UHR v. E. GREENBUSH CENT.

246 A.D.2d 37 (1998)

675 N.Y.S.2d 704

Emily R. Uhr, an Infant, by Robin W. Uhr et al., Her Parents and Natural Guardians, et al., Appellants, v. East Greenbush Central School District et al., Respondents

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

July 23, 1998

Attorney(s) appearing for the Case

Rosenblum, Ronan, Kessler & Sarachan, Albany (Michael W. Kessler of counsel), for appellants.

Maynard, O'Connor, Smith & Catalinotto, L. L. P., Albany (Leslie B. Neustadt of counsel), for respondents.

MIKOLL, J. P., CREW III, WHITE and YESAWICH JR., JJ., concur.

MERCURE, J.

Since 1979, Education Law § 905 (1) has required public schools in New York to test children in certain age groups for scoliosis at least once in each school year. Plaintiff Emily R. Uhr, a student in defendant East Greenbush Central School District, was tested for scoliosis in October 1992 with negative results. She was not tested during the 1993-1994 school year. The next testing, performed...

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