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BOARD OF EDUC. OF CITY OF NEW YORK v. AMBACH

No. 84 CV 3217.

612 F.Supp. 230 (1985)

The BOARD OF EDUCATION OF the CITY OF NEW YORK, Plaintiff, v. Gordon AMBACH, Commissioner of Education for the State of New York, and Atara J., as guardian-parent and next friend of Asher J., a handicapped child, Defendants.

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

June 25, 1985.

Attorney(s) appearing for the Case

Frederick A.O. Schwarz, Jr., Corp. Counsel, City of New York by Paul Marks, Asst. Corp. Counsel, New York City, for plaintiff.

Robert D. Stone, New York State Educ. Dept. by James H. Whitney, Albany, N.Y., for defendant Ambach.

Weil, Gotshal & Manges by Myron J. Meadow, New York City, for defendant Atara J.

MEMORANDUM AND ORDER

PLATT, District Judge.

This action arises under the Education for All Handicapped Children Act ("EHA"), 20 U.S.C. § 1401 et seq., and turns on a dispute over whether the private school in which a handicapped child was enrolled pursuant to a Court's order issued in Jose P. v. Ambach, et al., 3 E.H.L.R. 553:299 (E.D.N.Y.1982) (Nickerson, J.), became his "current education placement" under 20 U.S.C. § 1415(e)(3)...

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