Kirk MARSHALL, Plaintiff-Appellant,
v.
Richard M. SWITZER, former Deputy Commissioner, Office of Vocational Rehabilitation of the New York State Education Department, in his individual capacity, and
Lawrence C. Gloeckler, Deputy Commissioner, Office of Vocational and Educational Services for Individuals with Disabilities, New York State Education Department, in his individual and official capacity, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 17, 1993.
Decided November 17, 1993.
Attorney(s) appearing for the Case
Paul J. Lupia, Legal Aid Soc. of Mid-New York, Inc., Utica, NY (Michael Bagge, Legal Aid Society of Mid-New York, Inc., on the brief), for plaintiff-appellant.
Leslie B. Neustadt, Asst. Atty. Gen., Albany, NY (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., on the brief), for defendants-appellees.
Herbert Semmel, Paula Distabile, Ruth Lowenkron, New York Lawyers for the Public Interest, Inc., New York City, counsel for amici curiae American Medical Ass'n, American Public Health Ass'n, The ARC (formerly, Ass'n for Retarded Citizens of the U.S.), Center for Independence of the Disabled in New York, Inc., National Ass'n of Protection and Advocacy Systems, New York State Com'n on Quality of Care for the Mentally Disabled, Paralyzed Veterans of America, United Cerebral Palsy Ass'n, Inc., United Cerebral Palsy Ass'n of New York State, Inc., in support of plaintiff-appellant.
Before: CARDAMONE and MAHONEY, Circuit Judges, and CEDARBAUM, District Judge.
United States Court of Appeals, Second Circuit.
CEDARBAUM, District Judge:
Kirk Marshall filed this action under 42 U.S.C. § 19831 to challenge a policy of the New York State Education Department prohibiting reimbursement for "factory-installed" automotive equipment. Marshall claims that the policy violates Title I of the Rehabilitation Act of 1973, 29 U.S.C. § 720 et seq. This is an appeal from a Judgment of the District Court...
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