VANDER MALLE v. AMBACH

No. 81 Civ. 1365(RJW).

667 F.Supp. 1015 (1987)

Harold A. VANDER MALLE, Phyllis A. Vander Malle and Bruce A. Vander Malle, a handicapped child by his natural guardians, Harold A. Vander Malle and Phyllis A. Vander Malle, Plaintiffs, v. Gordon M. AMBACH, individually and in his official capacity as Commissioner of Education of the State of New York; Louis Grumet, individually and in his official capacity as the Assistant Commissioner of Education for Children with Handicapping Conditions of the State of New York; Willard A. Genrich, Edward J. Meyer, Kenneth B. Clark, Harold E. Newcomb, Emlyn I. Griffith, Mary Alice Kendall, Jorge L. Batista, Louis E. Yavner, Laura B. Chodos, Martin C. Barell, Louise P. Matteoni, Carlos Carballada, Floyd S. Linton and Salvador J. Sclafani, individually and in their official capacities as Members of the Board of Regents of the University of the State of New York; Frank Macchiarola, individually and in his official capacity as Chancellor of the Board of Education of the City of New York; Joseph G. Barkan, Miguel Montanez, Marjorie A. Lewis, Irene Impellizzeri, Robert J. Christen, Amelia Ashe and James Regan, individually and in their official capacities as Members of the Board of Education of the City of New York, Defendants.

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

August 26, 1987.


Attorney(s) appearing for the Case

Arthur D. Zinberg, New York City, for plaintiffs.

Robert Abrams, Atty. Gen., State of N.Y. Dept. of Law, New York City, for State defendants; Marion Buchbinder, Asst. Atty. Gen., of counsel.

Peter L. Zimroth, Corp. Counsel, New York City, for City defendants; Susan R. Rosenberg, Asst. Corp. Counsel, of counsel.


OPINION

ROBERT J. WARD, District Judge.

Harold and Phyllis Vander Malle, both individually and as the parents of Bruce Vander Malle, instituted this action against various education officials of the State of New York and the City of New York seeking damages and reimbursement for expenses incurred as a result of defendants' alleged violation of their affirmative statutory and constitutional obligation to provide their son Bruce a free appropriate public education...

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