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ANTKOWIAK BY ANTKOWIAK v. AMBACH

Nos. 132, 222, Dockets 87-7300, -7344.

838 F.2d 635 (1988)

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

United States Court of Appeals, Second Circuit.

Decided January 27, 1988.

Attorney(s) appearing for the Case

Bruce A. Goldstein, Buffalo, N.Y. (Bouvier, O'Connor, Cegielski & Levine, James R. Sheldon, Jr., Neighborhood Legal Services, Inc., Ronald M. Hager, State University of N.Y. at Buffalo School of Law, Legal Assistance Program, Buffalo, N.Y., of counsel) for plaintiff-appellee, cross-appellant.

Leslie Neustadt, Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Albany, N.Y., of counsel) for defendant-appellant, cross-appellee.

Elizabeth L. Schneider, Monroe County Legal Assistance Corp., Rochester, N.Y., filed a brief for amicus curiae Western New York Disability Law Coalition.

Before CARDAMONE, WINTER and MINER, Circuit Judges.

MINER, Circuit Judge:

John M. Antkowiak commenced an action on behalf of his daughter, plaintiff-appellee Lara Antkowiak, in the United States District Court for the Western District of New York (Curtin, C.J.) against defendant-appellant Gordon M. Ambach, as Commissioner of the New York State Education Department ("SED"). The complaint asserted claims under the Education of the Handicapped Act ("EHA" or "the Act"), 20 U.S.C. § 1400 et seq. (1982); the...

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