Fogel v. Goulding

Application under article 78 of the CPLR for an order directing respondents to admit petitioner’s son, Mark S. Fogel, to the first grade is granted.

Petitioner’s son was born on January 6, 1961, and will be six years old on January 6, 1967. The child is a resident in the district of the respondent Board of Education. In June, 1966, petitioner’s son satisfactorily completed one year of kindergarten at the Monchatea School, an unregistered nonpublic school. Respondent board concedes that the kindergarten of Monchatea provides substantially equivalent instruction to the kindergarten at the local…