Murtagh v. Nyquist

The petitioners have instituted an article 78 proceeding wherein they seek to set aside a determination whereby the petitioners were prohibited from participating in high school athletics.

The petitioners were prohibited from participating in high school athletics because of section 135.4 (subd. [e], par. [3], cl. [i], subcl. [a]) of the Rules and Regulations of the Commissioner of Education (8 NYCRR 13514 [e] [3] [i] [a]). That section provides: (i) Duration of competition, (a) A boy shall be eligible for inter-high school athletic competition only during eight consecutive semesters after his…