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FUENTES v. BOARD OF EDUC.

12 N.Y.3d 309 (2009)

JESUS FUENTES, as Parent of a Disabled Child, Appellant, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK et al., Respondents.

Court of Appeals of New York.

Decided April 30, 2009.

Attorney(s) appearing for the Case

Lansner & Kubitschek, New York City (David J. Lansner and Jill M. Zuccardy of counsel), Advocates for Children of New York, Inc. (Shawn V Morehead and Rebecca C. Shore of counsel), and Dewey & LeBoeuf LLP (Lawrence W. Pollack and Lisa A. Keenan of counsel) for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Scott Shorr and Barry P Schwartz of counsel), for respondents.

Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

JONES, J.

In this certified question case, we are called upon to decide whether a non-custodial parent retains the right to make decisions regarding the child's education where the divorce decree and custody order are silent on this issue. The pertinent facts of this case are recited below.

Plaintiff Jesus Fuentes and his wife were divorced in 1996. Family Court entered an order granting...

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