BURR BY BURR v. SOBOL

No. 116, Docket 88-7275.

888 F.2d 258 (1989)

Clifford BURR, by his Parents and Next Friends, Kenneth Burr, Betty Burr, Plaintiffs-Appellants, v. Thomas SOBOL, As Commissioner of the New York State Education Department, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 27, 1989.


Attorney(s) appearing for the Case

Ellen M. Saideman, New York City (New York Lawyers for the Public Interest, of counsel), Bruce Loren, Legal Intern, Brooklyn, N.Y. (BLS Legal Services Corp., Federal Litigation Program, Luzmina Gonzales, Legal Intern, Kathleen A. Sullivan, of counsel), for plaintiffs-appellants.

Martha O. Shoemaker, New York City (Asst. Atty. Gen. of the State of N.Y., Robert Abrams, Atty. Gen. of the State of N.Y., Stuart Kaufman, Legal Intern, on the brief, of counsel), for defendant-appellee.

Brown & Wood, New York City (Peter Tufo, Anita Fisher Barrett, of counsel), for The New York Institute for the Education of the Blind, amicus curiae.

Before FEINBERG, NEWMAN and GARTH, Circuit Judges.


PER CURIAM:

The background of this case is described in the prior opinion of this court, reported at 863 F.2d 1071 (2d Cir.1988).1 It is before us again because the judgment of this court was vacated by the Supreme Court, Sobol v. Burr, ___ U.S. ___, 109 S.Ct. 3209, 106 L.Ed.2d 560 (1989). In our opinion, we reinstated an award of compensatory education beyond age twenty-one to a handicapped youth...

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