Legal Opinion
Oefelein v. Monsignor Farrell High School
New York Supreme Court
Decided March 13, 1974PublishedCited by 2 opinions
1Opinion of the CourtTheodore G. Barlow, J.
The petitioner in this article 78 proceeding seeks to revoke the expulsion of her son, Patrick, from Monsignor Farrell High School. It is her contention that the due process and equal protection of the laws provisions of both the Federal and New York State Constitutions require a hearing as a prerequisite to expulsion.
Respondent high school is a private school operated by an arm of the Roman Catholic Church. It has moved to dismiss the petition for failure .to state a cause of action. The school takes the position that it may expel a student without complying with the constitutional…
2Cases cited5 opinions
- Board of Ed. of Central School Dist. No. 1 v. AllenSupreme Court of the United States · 1968
- Powe v. MilesCourt of Appeals for the Second Circuit · 1968
- Ryan v. Hofstra UniversityNew York Supreme Court · 1971
- Baronoff v. Board of EducationNew York Supreme Court · 1973
- Miami Military Institute v. LeffCity of New York Municipal Court · 1926
3Cited by2 opinions
- Hernandez v. Bosco Preparatory HighNew Jersey Superior Court Appellate Division · 1999
- Kwiatkowski v. Ithaca CollegeNew York Supreme Court · 1975