With the start of preseason coming up quickly, Niskayuna High School football standout Dahvion Wimberly’s status to join his team remains up in the air after court proceedings Friday.
The hearing to grant an injunction that would allow Wimberly the ability to start practicing with the team while the petition to grant him an extended year of eligibility is litigated was held Friday morning in state Supreme Court in Schenectady County, and a decision is expected by Monday morning.
Tim Brennan, the attorney representing Wimberly and his family in their petition against Section II and the Niskayuna Central School District, said in an email Friday afternoon that, “The Court held the hearing this morning. At the conclusion of the hearing, the Court indicated that it will issue a decision by Monday morning on the issue.”
Niskayuna football coach Brian Grastorf said in a text message Friday afternoon that his team will begin workouts Sunday, with Monday’s practice set to take place in the afternoon and early evening.
Wimberly is petitioning the court to overturn the decision rendered by Section II in June that denied the 2021 Daily Gazette First-Team All-Area wide receiver an extended year of eligibility after he missed a year of football competition due to pandemic-related reasons.
The senior entered Niskayuna High School in 2018-19 and spent his first two years of high school in the district, then transferred to Albany Academy for 2020-21 while repeating his sophomore year. During that academic year, Albany Academy — which competes in football as a member of the New England Prep School Athletic Council, instead of in Section II — did not compete in varsity football due to pandemic-related restrictions.
Wimberly transferred back to Niskayuna in 2021-22 as an academic junior and played his first season of varsity football, catching 50 passes for 732 yards and seven touchdowns.
The Niskayuna Central School District petitioned Section II on behalf of Wimberly for extended eligibility in June, and Section II denied the request, and the office of the state Commissioner of Education denied an appeal requesting a stay.
According to court filings, neither Wimberly nor his family was permitted to attend the June 21 hearing of the Section II Eligibility Committee, nor were they informed that the hearing was taking place.
Niskayuna is scheduled to open its season Sept. 2 against Washingtonville as part of the Kick-Off Classic at UAlbany’s Tom & Mary Casey Stadium.