Campain v. Marlboro Central School District Board of Education
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCasey, J.
Appeal from a judgment of the Supreme Court (Williams, J.), entered January 15, 1987 in Ulster County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to enjoin respondents from preventing petitioner Eartha Campain from attending school without a certificate of immunization and awarded counsel fees.
As limited by respondents’ brief, the issue on this appeal is whether Supreme Court abused its discretion when it granted counsel fees to petitioners pursuant to 42 USC § 1988. The underlying dispute between the parties arose when respondents refused to permit…
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