Alfonso v. Fernandez

OPINION OF THE COURT

Peter P. Cusick, J.

This is a petition in the nature of a CPLR article 78 proceeding, challenging the respondent’s program to distribute condoms to students in the public high schools, on statutory or constitutional grounds. Petitioners also seek declaratory and injunctive relief.

The petitioners, Alfonso and Gough, are parents of unemancipated minors who are students at local public high schools. Petitioner Petrides is a member of the Board of Education of the City of New York, one of the named respondents herein. The other named respondent, Fernandez, is the schools’…