STATE OF NEW YORK

SUPREME COURT: COUNTY OF CHAUTAUQUA

___________________________________


SAMUEL JOHNSON AS PARENT and

NATURAL GUARDIAN OF TIMOTHY

JOHNSON, AN INFANT


Plaintiff,

vs INDEX #H-11235


BOARD OF EDUCATION OF THE CITY

OF DUNKIRK, CITY OF DUNKIRK

SCHOOL DISTRICT, CITY OF DUNKIRK,

and JASON K MIERNIK


Defendant.

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ANDREW D. KEHRER, ESQ.

Attorney for Plaintiff


JAMES M. DEVOY, ESQ.

Attorney for Plaintiff


SAPERSTON & DAY, P.C.

(Brian J. Weidner, Esq.

in counsel) for Defendant


DECISION AND ORDER


GERACE, J.



Having examined in camera the entire school files of


Jason Miernik, the Court determines that plaintiff is


entitled to the entire file up to and including the July


13, 1994 incident involving plaintiff.


Although many of the entries deal with non-violent


transgressions, they show a clear pattern of behavior that


put the school on notice of Jason's propensities and his


anti-social, aggressive, rebellious behavior.


Unfortunately, under our current system, there is


little a school district can do about students like Jason.


The State has a clear responsibility to provide alternative


educational facilities for students that are as disruptive


and in need of special attention as this young man.



This is the DECISION and ORDER of this Court.


Dated: October , 1995

Mayville, New York


___________________________

SUPREME COURT JUSTICE




To all Counsel:


Please take notice that a DECISION and ORDER of

which the within is a copy, is duly granted in the above

entitled action on the day of , 1995, and

duly entered in the office of the Clerk of the County of

Chautauqua on the same date.