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MATTER OF TESSLER v. BOARD OF EDUCATION OF THE CITY OF NEW YORK

49 A.D.3d 428 (2008)

854 N.Y.S.2d 66

In the Matter of BARRY TESSLER et al., Appellants, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Respondent.

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

Decided March 20, 2008.

Petitioners alleged that the student was unable to complete the SHSAT on October 27, 2007, due to noise in the exam room. After availing themselves of the procedures provided by the Department of Education, petitioners commenced this proceeding to permit a retake on November 17, 2007, or an opportunity to complete the questions he did not answer in the October test.

The relief sought by petitioners is no longer available, since the November SHSAT has already been...

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