UHR v. EAST GREENBUSH CENT.


94 N.Y.2d 32 (1999)

720 N.E.2d 886

698 N.Y.S.2d 609

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.

Court of Appeals of the State of New York.

Decided October 21, 1999.


Attorney(s) appearing for the Case

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

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

Jay Worona, Albany, and John A. Miller for New York State School Boards Association, Inc., amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


OPINION OF THE COURT

ROSENBLATT, J.

Education Law § 905 (1) requires school authorities in the State of New York to examine students between 8 and 16 years of age for scoliosis at least once in each school year. The principal issue on this appeal is whether the statute authorizes a private right of action.

During the 1992-1993 school year, the infant plaintiff was a seventh grade student at the...

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