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KENNETH W. v. BOARD OF EDUC. OF THE CITY OF MOUNT VERNON

2007-03067.

2008 NY Slip Op 06145

KENNETH W. (ANONYMOUS), JR., ETC., ET AL., appellants, v. BOARD OF EDUCATION OF THE CITY OF MOUNT VERNON, respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Blauman & McCabe (Paul F. McAloon, P.C., New York, N.Y. of counsel), for appellants.

Goldberg Segalla, LLP, White Plains, N.Y. (Matthew S. Lerner and Kevin Burns of counsel), for respondent.

Before: ROBERT A. SPOLZINO, J.P., PETER B. SKELOS, ROBERT A. LIFSON, WILLIAM E. McCARTHY, JJ.

DECISION & ORDER

ORDERED that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for an in-camera inspection of the files maintained by the Edwards Williams Elementary School, Mount Vernon, New York, pertaining to student Joshua B., and thereafter, for a new determination of the plaintiffs' motion.

The defendant advised the Supreme Court...

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