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HENSLEY v. WILLIAMSVILLE SCH.

Index No. 804182/2021

72 Misc.3d 1097 (2021)

150 N.Y.S.3d 513

2021 NY Slip Op 21153

DANA HENSLEY, on Behalf of Her Minor Children and on Behalf of All Others Similarly Situated, et al., Petitioners/Plaintiffs, v. WILLIAMSVILLE CENTRAL SCHOOL DISTRICT et al., Respondents/Defendants. ROBERT DINERO, on Behalf of His Minor Children and on Behalf of All Others Similarly Situated, Petitioner/Plaintiff, v. ORCHARD PARK CENTRAL SCHOOL DISTRICT et al., Respondents/Defendants.

Supreme Court, Erie County.

Decided May 20, 2021.

Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria LLP ( Paul J. Cambria, Jr. , Jeffrey F. Reina and Todd J. Aldinger of counsel) for petitioners in the first and second above-entitled proceedings.

Harris Beach PLLC ( Tracie Lopardi , Brian C. Mahoney , Joshua D. Steele and Meaghan T. Feenan of counsel) for Williamsville Central School District, respondent in the first above-entitled proceeding.

Webster Szanyi LLP ( Ryan G. Smith , Kevin G. Cope and Angela Kutzfara of counsel) for Orchard Park Central School District, respondent in the second above-entitled proceeding.

Letitia James , Attorney General ( David J. Sleight , Kathleen M. Kaczor and Heather L. McKay of counsel), for Andrew M. Cuomo, Governor of New York, and others, respondents in the first and second above-entitled proceedings.

OPINION OF THE COURT

In this hybrid CPLR article 78 proceeding, petitioners seek, inter alia, a judgment:

1. Directing respondents Williamsville Central School District and Orchard Park Central School District to offer all students full-time, in-person instruction five days per week;

2. Declaring ...

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