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ZVI D. BY SHIRLEY D. v. AMBACH

No. 49, Docket 81-7667.

694 F.2d 904 (1982)

ZVI D., by his mother and next friend, SHIRLEY D., Appellants, v. Gordon AMBACH, individually and as Commissioner of Education of the State of New York; Board of Education of the City School District of the City of New York; Frank Macchiarola, individually and as Chancellor of the New York City Board of Education; Christy Cugini, individually and as Executive Director of the Division of Special Education of the New York City Board of Education; Patricia Vitacco, individually and as Chairperson of the District 20 Subcommittee of the Committee on the Handicapped of the New York City Board of Education, Appellees.

United States Court of Appeals, Second Circuit.

Decided November 26, 1982.

Attorney(s) appearing for the Case

Joel B. Lieberman, Community Action for Legal Services, Inc., Brooklyn, N.Y. (Steven M. Bernstein, Brooklyn, N.Y., of counsel), for appellants.

Frederick W. Burgess, Albany, N.Y. (Robert D. Stone, Donald O. Meserve, Albany, N.Y., of counsel), for appellee Com'r of Educ.

Fay Leoussis, Asst. Corp. Counsel, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel for the City of New York, Leonard Koerner, New York City, of counsel), for municipal appellees.

Michael A. Rebell, Rebell & Krieger, New York City (Marion C. Katzive, White Plains, N.Y., John C. Gray, Jr., Harold Adler, Brooklyn Legal Services, Brooklyn, N.Y., of counsel), Jane R. Stern, Advocates for Children of New York, Inc., Long Island City, N.Y., for amici curiae.

Before LUMBARD, OAKES and WINTER, Circuit Judges.

OAKES, Circuit Judge:

This appeal is from the denial of a preliminary injunction that would direct the New York City Board of Education to fund a handicapped child's private education pending proceedings challenging a free appropriate public placement. The United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, held inter alia that the status quo section of the Education of the Handicapped Act, 20 U.S.C. § 1415(e...

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