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MATTER OF ESTHER C. v. AMBACH

135 Misc.2d 446 (1987)

In the Matter of Esther C. et al., Petitioners, v. Gordon M. Ambach, as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Albany County.

May 15, 1987

Attorney(s) appearing for the Case

Rebell & Katzive (Marion C. Katzive of counsel), for petitioners. James H. Whitney and Mary Ellen Lorini for State Education Department, respondent. Robert Abrams, Attorney-General (Lawrence Doolittle of counsel), for Gordon M. Ambach, respondent.

HAROLD J. HUGHES, J.

Petitioners move for an order awarding counsel fees and costs pursuant to section 1415 (e) (4) (B) of title 20 of the United States Code.

In 1986, Congress amended the Education for the Handicapped Act (EHA) by adding the following provision: "In any action or proceeding brought under this subsection, the court, in its discretion, may award reasonable attorneys' fees as part of...

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