Isquith v. Levitt

Petitioner’s son was born on January 12, 1949. In September, 1953, the child was admitted to afternoon kindergarten at Public School 161, Brooklyn. After the child reached the age of five on January 12, 1954, two attempts were made to have him registered for first grade at that school, but such registration was refused. This article 78 proceeding was thereafter brought to direct the board of education to register the child in the first grade, on the ground that a child of five years of age is entitled to attend public school (Education Law, § 3202, subd. 1), and a kindergarten is not within…