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SCHNEPS v. NYQUIST

89 Misc.2d 1031 (1977)

Lara R. Schneps, an Infant by Her Mother, Vicki A. Schneps, et al., Petitioners, v. Ewald B. Nyquist, as Commissioner of the New York State Education Department, Respondent.

Supreme Court, Special Term, Albany County.

March 1, 1977

Attorney(s) appearing for the Case

Murray B. Schneps for petitioners. Robert D. Stone, Lawrence W. Reich and Norman H. Gross for respondent.

HAROLD J. HUGHES, J.

This is a proceeding pursuant to CPLR article 78 to declare the Commissioner of Education's interpretation of chapter 853 of the Laws of 1976 to be erroneous. Petitioners have moved pursuant to CPLR 902 to allow the proceeding to be maintained as a class action.

Petitioners are children with handicapping conditions and their parents. They have commenced this proceeding to challenge the commissioner's interpretation of chapter...

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