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WHITE v. AVERILL PARK SCHOOL

195 Misc.2d 409 (2003)

759 N.Y.S.2d 641

MITCHUM F. WHITE, an Infant, by His Mother and Legal Guardian, ROBIN LABELLE, et al., Plaintiffs, v. AVERILL PARK CENTRAL SCHOOL DISTRICT et al., Defendants.

Supreme Court, Rensselaer County.

March 26, 2003.

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna, Albany (Beth A. Bourassa of counsel), for Averill Park Central School District and others, defendants.

Maynard, O'Connor, Smith & Catalinotto, L.L.P., Albany (C. Adam Siegfried of counsel), for Louis Cioffi, defendant.

Larry P. Kivitz, P.C., East Greenbush, for plaintiffs.

OPINION OF THE COURT

JAMES B. CANFIELD, J.

Defendants Kevin Earl, Thomas Kachadurian, Nancy Noonan, Dr. Michael J. Johnson, Josephine Moccia, and Louis Cioffi (individual defendants) move and cross-move pursuant to CPLR 3211 (a) (2) and (8) for an order dismissing the plaintiffs' actions against them based on plaintiffs' alleged failure to comply with the requirements of Education Law § 3813 and General...

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