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MTR OF HANDICAPPED CHILD

118 Misc.2d 137 (1983)

In the Matter of a Handicapped Child, by Her Parents. Orchard Park Central School District, Movant.

Supreme Court, Erie County.

March 3, 1983

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (Jerome D. Schad of counsel), for Orchard Park Central School District, movant. Paul M. Michalek for parents. Robert Abrams, Attorney-General (Peter B. Sullivan of counsel), for New York State Office of Mental Health.

THOMAS P. FLAHERTY, J.

The important question here presented relates to the entitlement of a school district, over objection on grounds of privilege, to a court-ordered subpoena directing production of certain psychiatric and psychological examination and evaluation records pertaining to an infant student for use on an appeal pursuant to section 4404 of the Education Law.

This is a motion by the Orchard Park Central School District (District)...

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