MATTER OF E.B.


39 N.Y.2d 962 (1976)

In the Matter of Lee E. B. (Anonymous), a Handicapped Child. City of White Plains, Respondent; County of Westchester, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1976.


Attorney(s) appearing for the Case

Gerald Harris, County Attorney (Jonathan Lovett of counsel), for appellant.

Paul B. Bergins, Corporation Counsel (Morton H. Zucker of counsel), for City of White Plains, respondent.

Peter J. Mutino for City School District, City of White Plains, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

Order of the Appellate Division reversed and the order of the Family Court reinstated, without costs.

The legislative history of section 232 of the Family Court Act and that of section 4403 of the Education Law are inconclusive and susceptible of contradictory inferences of legislative purpose. Indeed, the difficulty arises from the separate legislative tracks the two sections followed over a period of...

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