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CATLIN v. SOBOL

Nos. 1225, 1226, Dockets 95-7912, 95-7914.

93 F.3d 1112 (1996)

Daniel CATLIN and Dundeen Catlin, individually and as parents and natural guardians of Dunbar Elliott, a/k/a "Dell" Catlin, a handicapped child, Plaintiffs-Appellees, v. Thomas SOBOL, as Commissioner of Education of the State of New York, John F. Holdorf, Superintendent of Schools of the Edmeston Central School District, and the Board of Education of the Edmeston Central School District, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 4, 1996.

Attorney(s) appearing for the Case

Nancy A. Spiegel, Assistant Attorney General, Albany, NY (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Daniel Smirlock, Assistant Attorney General, Albany, NY, of counsel), for Defendant-Appellant Commissioner of Education.

Edward J. Sarzynski, Binghamton, NY (Hogan & Sarzynski, L.L.P., Binghamton, NY, of counsel), for Defendants-Appellants John F. Holdorf and the Board of Education of the Edmeston Central School District.

Lawrence W. Thomas, Mount Kisco, NY (James P. Drohan, Anderson, Banks, Curran & Donoghue, Mount Kisco, NY, of counsel), for Plaintiffs-Appellees.

Jay Worona, General Counsel, Albany, NY (Pilar Sokol, Albany, NY, of counsel), for amicus curiae The New York State School Boards Association, Inc.

Before: NEWMAN, Chief Judge, PARKER, Circuit Judge, and NICKERSON, District Judge.

PARKER, Circuit Judge:

I. BACKGROUND

Defendants appeal a final judgment entered in the Northern District of New York, Howard G. Munson, Judge, holding that New York Education Law § 3202(4)(b) violates the Due Process Clause of the Fourteenth Amendment of the Constitution. See Catlin v. Sobol, 881 F.Supp. 789 (N.D.N.Y.1995). On appeal, defendants argue that the court erred in granting plaintiffs' motion...

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