MATTER OF L. v. DEPT. OF EDUC.


39 N.Y.2d 434 (1976)

In the Matter of L., a Handicapped Child, Appellant, v. New York State Department of Education et al., Respondents. In the Matter of K., a Handicapped Child, Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided April 8, 1976.


Attorney(s) appearing for the Case

Graham M. Scheinman for appellant in the first above-entitled proceeding.

W. Bernard Richland, Corporation Counsel (Ellen Kramer Sawyer and L. Kevin Sheridan of counsel), for City of New York, respondent in the first above-entitled proceeding.

W. Bernard Richland, Corporation Counsel (Ellen Kramer Sawyer and L. Kevin Sheridan of counsel), for appellant in the second above-entitled proceeding.

Weaver H. Gaines, Jr., and Bernard E. Kury for respondent in the second above-entitled proceeding.

Charles Schinitsky, William E. Hellerstein and Michael Gage for The Juvenile Rights Division of The Legal Aid Society of New York City, amicus curiae.

Chief Judge BREITEL and Judges GABRIELLI, WACHTLER and FUCHSBERG concur with Judge JASEN; Judge JONES dissents and votes to affirm in a separate opinion in which Judge COOKE concurs.


JASEN, J.

The issue presented by these appeals is whether parents who have paid the tuition for the special education of their handicapped children are required to present their claim for reimbursement to the locality chargeable for these expenses within a specific period of time.

In Matter of L., the petitioner's child suffers from severe emotional problems and from a speech defect. These conditions...

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