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MATTER OF BOARD OF EDUC. v. KAIN

No. 21703/07, Motion Sequence No. 001 MD.

2008 NY Slip Op 33601 (U)

In the Matter of the Application of the BOARD OF EDUCATION of the BAY SHORE UNION FREE SCHOOL DISTRICT, Petitioner, v. THOMAS KAIN, individually and as parent and natural guardian of RYAN KAIN, a minor under the age of fourteen years, Respondent.

Supreme Court, Suffolk County.

February 1, 2008.

Attorney(s) appearing for the Case

INGERNIAN SMITH, LLP, 150 Motor Parkway, Suite 400, Hauppauge New York 11788, Attorney for petitioner.

BEE READY FISHBEIN HATTER & DONOVAN, 170 Old Country Road, Suite 200 Mineola, New York 11501, Attorneys for Respondent.

DENISE F. MOLIA, Judge.

ORDERED, that the Petition, pursuant to CPLR 403, for a judgment vacating, annulling and setting aside a determination of Paul F. Kelly, as State Review Officer, is denied.

The infant respondent, Ryan Kain, is a ten year old fifth grade student at St. Patrick's, a nonpublic school located in Bay Shore, New York. In November 2003, the infant's teacher at St. Patrick's submitted a referral to the petitioner District...

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