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ANTKOWIAK BY ANTKOWIAK v. AMBACH

No. CIV-85-532C.

638 F.Supp. 1564 (1986)

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

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

July 11, 1986.

Attorney(s) appearing for the Case

Bouvier, O'Connor, Cegielski & Levine (Bruce A. Goldstein, of counsel), Buffalo, N.Y., for plaintiff.

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

CURTIN, Chief Judge.

The issue in this case is whether the State of New York is required, pursuant to the Education for the Handicapped Act, 20 U.S.C. § 1400, et seq. [EHA], or the Rehabilitation Act, 29 U.S.C. § 794, to pay for the placement of a 13-year-old girl at a private institution in Pennsylvania. The child, Lara Antkowiak, suffers from anorexia nervosa and a variety of emotional problems. In May of 1985, Lara's father, John M. Antkowiak,...

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