Burtt v. Nassau County Athletic Ass'n, Section VIII

OPINION OF THE COURT

James F. Niehoff, J.

In this proceeding under CPLR article 78, petitioners seek judgment requiring respondents to permit them to participate in varsity interscholastic football competition during the 1979 season as members of the Levittown Memorial High School team.

The petitioners are former members of the class which graduated from the high school in June, 1979 and have been required to repeat certain courses by reason of their having received failing grades therein. They now expect to graduate in January, 1980.

During the school year 1978-1979, while they were members of…