___________________________________

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.