NOE v. AMBACH

No. 80 Civ. 5212 (WCC).

542 F.Supp. 70 (1982)

Mare NOE and John Noe, a minor by his mother, Mary Noe, on behalf of themselves and all others similarly situated, Plaintiffs, v. Gordon AMBACH, individually and in his capacity as the Commissioner of Education of the State of New York; the Board of Education of the City of New York; Joseph G. Barkan, individually and in his capacity as President of the Board of Education of the City of New York; James F. Regan, Miguel O. Martinez, Irene Impellizzeri, Amelia Ashe, Robert J. Christen, Marjorie Lewis, individually, and in their capacity as members of the Board of Education of the City of New York; Gerry Gross, individually and in his capacity as Executive Director of the Division of Special Education, Defendants.

United States District Court, S. D. New York.

June 30, 1982.


Attorney(s) appearing for the Case

Jeffrey D. Robertson, New York City, for plaintiff in Administrative Proceedings, Frederick A. O. Schwarz, Jr., Corp. Counsel for the City of N. Y., New York City, for City defendants; Stephen P. Kramer, Susan R. Rosenberg, New York City, Asst. Corp. Counsels, of counsel.

Robert D. Stone, Albany, for State Defendants New York State Educ. Dept.; Paul E. Sherman, Albany, N. Y., of counsel.


OPINION AND ORDER

CONNER, District Judge:

Plaintiffs Mary Noe and her son, John Noe, commenced this action against various New York State and New York City officials under the Education for All Handicapped Children Act ("EAHCA"), 20 U.S.C. § 1401, et seq., the Rehabilitation Act of 1973 ("RA"), 29 U.S.C. § 701, et seq., and 42 U.S.C. § 1983. Plaintiffs sought certain educational services and related psychological services for...

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