INDEX NO. 107173/2011 NYSCEF DOC. NO.

105 RECEIVED NYSCEF: 08/03/2011

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------x LISA STEGLICH, individually and as parent and natural : guardian of ALEXANDER HERLIHY, infant, RIC CHERWIN, individually and as parent and natural guardian: of MARLEY CHERWIN, infant, CAROL BARKER, Index No. 107173/11 individually and as parent and natural guardian of OMARI : BROWN, infant, GINA DEMETRIUS, individually and as parent and natural guardian of SEBASTIAN : NOTICE OF MOTION DEMETRIUS, KIMBERLY JARNOT, individually and as FOR PARTIAL parent and natural guardian of MARGARET THOMAS, : SUMMARY JUDGMENT infant, NYDIA JORDAN, individually and as parent and : natural guardian of HARRY D. JORDAN, infant, KAVERY KAUL, individually and as parent and natural guardian of ASHOK KAUL, infant, RUBEN and : GERALDINE LOPEZ, individually and as parents and natural guardians of SHANE LOPEZ, infant, MADELINE : OLMEDA, individually and as parent and natural guardian : of CRISTINA JULLIA CRUZ, infant, LAZARA QUINONES, individually and as parent and natural : guardian of DORIS ALCANTARA, infant, and MARILYNN SARJEANT, individually and as parent and : natural guardian of ALIYA CLUNIE, infant, Plaintiffs-Appellants, : -against:

THE BOARD OF EDUCATION OF THE CITY SCHOOL : DISTRICT OF THE CITY OF NEW YORK a/k/a THE PANEL FOR EDUCATIONAL POLICY, THE : DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, and DENNIS M. WALCOTT, as Chancellor : of the City School District of the City of New York, : Defendants-Respondents, - and : UPPER WEST SUCCESS ACADEMY CHARTER SCHOOL a/k/a SUCCESS ACADEMY CHARTER SCHOOL, MATTHEW MOREY, individually and as parent and natural guardian of infants THOMAS MOREY and CLAIRE MOREY, MARTIN AARES, individually and as parent and natural guardian of infant SABINE BALOU-AARES, GABRIEL BAEZ, individually and as : : : :

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parent and natural guardian of infant CHRISTOPHER BAEZ, LISBETH DELOSSANTOS, individually and as : parent and natural guardian of infant MIYAH MUZO, ELANA KILKENNY, individually and as parent and : natural guardian of infant LIAM KILKENNY, ELISSA KLEIN, individually and as parent and natural guardian of : infant AVA KLEIN, REBECCA KUHAR, individually and as parent and natural guardian of infant ROBERT : MAXWELL KUHAR, LATISHA SINGLETARY, individually and as parent and natural guardian of infant : RANIYA GARRETT-WELLS, MICHAEL SUCHANEK, individually and as parent and natural guardian of infants : SALLY SUCHANEK and AMELIA SUCHANEK, and DAVID TURNOFF, individually and as parent and natural : guardian of infant HUNTER KIM-TURNOFF, : Intervenor-DefendantsRespondents. : : ----------------------------------------------------------------------- x PLEASE TAKE NOTICE that, upon the annexed Affirmation of Jon Schuyler Brooks and the Exhibits thereto, the Affidavit of Rachel Dahill-Fuchel and the Exhibit thereto, the Affidavit of Shulamit Warren and the Exhibit thereto, and Memorandum of Law, and upon all prior pleadings and proceedings herein, Plaintiffs will move this Court, the Motion Submission Courtroom, in Room 130 of the courthouse at 60 Centre Street, New York, New York, on the 11th day of August, 2011 at 9:30 a.m. or as soon thereafter as counsel can be heard, for an Order: 1) granting Plaintiffs partial summary judgment; 2) annulling the June 27, 2011 Panel for Educational Policy vote approving for the second time the Co-Location Proposal; and 3) enjoining Defendants permanently from co-locating SACS into the Brandeis Campus for the 2011-2012 school year.

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PLEASE TAKE FURTHER NOTICE that, answering papers, if any, are required to be served no later than August 9, 2011. Dated: New York, New York August 3, 2011. Respectfully submitted, Phillips Nizer LLP By:_/s/ Jon Schuyler Brooks____ Jon Schuyler Brooks Marc A. Landis Elizabeth Adinolfi 666 Fifth Avenue New York, New York 10103 (212) 977-9700 Attorney for Plaintiffs TO: Chlarens Orsland, Esq. Emily Sweet, Esq. NYC CORPORATION COUNSEL 100 Church Street New York, NY 10007 (212) 788-1171 Attorney for Defendants Emily Kim, Esq. ARNOLD & PORTER LLP 399 Park Avenue New York, NY 10022 (212) 715.1794 Attorney for Intervenors

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