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ITHACA CITY SCHOOL v. NYS

510106.

87 A.D.3d 268 (2011)

926 N.Y.S.2d 686

2011 NY Slip Op 5597

In the Matter of ITHACA CITY SCHOOL DISTRICT, Respondent, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Appellants.

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

Decided June 30, 2011.

Attorney(s) appearing for the Case

Caroline J. Downey , New York State Division of Human Rights, New York City ( Michael K. Swirsky of counsel), for New York State Division of Human Rights, appellant.

Schlather, Stumbar, Parks & Salk, Ithaca ( Raymond M. Schlather of counsel), for Amelia Kearney and another, appellants.

Bond, Schoeneck & King, Syracuse ( Jonathan B. Fellows of counsel), for respondent.

Eric T. Schneiderman , Attorney General, New York City ( Cecelia C. Chang of counsel), amicus curiae.

Lambda Legal Defense and Education Fund, Inc., New York City ( Thomas W. Ude Jr. of counsel), for Advocates for Children of New York and others, amici curiae.

PETERS, J.P., SPAIN and EGAN JR., JJ., concur with STEIN, J.; ROSE, J., dissents in a separate opinion.

OPINION OF THE COURT

STEIN, J.

At all times relevant to this proceeding, respondent Amelia Kearney (hereinafter respondent) and her daughter (born in 1993), both African American, lived in the City of Ithaca, Tompkins County. In 2006, respondent filed a complaint against petitioner with respondent State Division of Human Rights (hereinafter SDHR), alleging that her daughter, while a student at one of petitioner's middle schools, was repeatedly subjected...

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