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MTR OF BD OF EDUC v. AMBACH

88 A.D.2d 179 (1982)

In the Matter of The Board of Education of Greenburg Central School District No. 7, Westchester County, et al., Respondents, v. Gordon M. Ambach, as Commissioner of The New York State Department of Education, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 29, 1982

Attorney(s) appearing for the Case

Robert D. Stone (Seth Rockmuller of counsel), for Gordon M. Ambach, appellant.

Brown & Raysman (Peter Brown of counsel), for Gaeta Parente and another, appellants.

Ruskin & Gyory (Richard Gyory of counsel), for Board of Education of Greenburgh Central School District No. 7, Westchester County, respondent.

Plunkett & Jaffe, P. C. (Phyllis S. Jaffe of counsel), for Board of Education of Scarsdale Union Free School District, Westchester County, respondent.

McGivern, Shaw & O'Connor (Norman H. Gross of counsel), for New York State School Boards Association, Inc., amicus curiae.

KANE, J. P., MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

CASEY, J.

In 1977, Victor Parente, an 11-year-old neurologically impaired child, was classified as handicapped by the Committee on the Handicapped of petitioner Greenburgh Central School District, within which district Victor resided and attended public school. Victor thereafter received one hour per day of "resource room" instruction in addition to the regular classroom instruction. In 1979, Victor's parents...

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