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ANTKOWIAK BY ANTKOWIAK v. AMBACH

No. Civ.-85-532C.

621 F.Supp. 975 (1985)

Lara ANTKOWIAK, by her parent and natural guardian, John M. ANTKOWIAK, Plaintiff, v. Gordon M. AMBACH, as Commissioner of the New York State Education Department, Defendant.

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

November 4, 1985.

Attorney(s) appearing for the Case

Neighborhood Legal Services, P.C. (James R. Sheldon, Jr., of counsel), Bouvier, O'Connor, Cegielski & Levine (Bruce A. Goldstein, of counsel), State University of New York at Buffalo Legal Assistance Program (Ronald M. Hager, of counsel), Buffalo, New York, for plaintiff.

Robert Abrams, Atty. Gen. of the State of N.Y. (Peter B. Sullivan, Asst. N.Y. State Atty. Gen., of counsel), Buffalo, New York, for defendant.

CURTIN, Chief Judge.

Pending before the court is defendant's motion to dismiss pursuant to Rule 12(b) of the Federal Rules of Civil Procedure and plaintiff's motion for a preliminary injunction. Plaintiff asserts claims under the Education of the Handicapped Act, 20 U.S.C. § 1400 et seq.; the Rehabilitation Act of 1973, 29 U.S.C. § 794; and 42 U.S.C. § 1983 for violations of the due process and equal protection guarantees of the Fourteenth Amendment...

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