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MALKENTZOS ON BEHALF OF MM v. DeBUONO

No. 752, Dockets 96-7569(L), 96-7589(CON).

102 F.3d 50 (1996)

Nicholas MALKENTZOS, individually, and on Behalf of "MM," an infant, Plaintiff-Appellee, v. Barbara A. DeBUONO, as Commissioner of the New York State Department of Health; The New York State Department of Health; The New York City Department of Mental Health, Mental Retardation and Alcoholism Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 5, 1996.

Attorney(s) appearing for the Case

Victoria A. Kummer, New York City (Alan B. Miller and Harris J. Yale, Weil, Gotshal & Manges, on the brief), for Plaintiff-Appellee.

Joseph I. Lauer, New York City (Paul A. Crotty, Francis F. Caputo and Elizabeth A. Wright, Corporation Counsel of the City of New York, on the brief), for Defendant-Appellant New York City Department of Mental Health, Mental Retardation and Alcoholism Services.

Thomas R. Sofield, Assistant Attorney General, State of New York, New York City (Dennis C. Vacco, Attorney General of the State of New York, Kay-Ann D. Porter, Assistant Attorney General, State of New York, of counsel), for Defendants-Appellants DeBuono and New York State Department of Health.

Before: WALKER, JACOBS, Circuit Judges, and CARMAN, Chief Judge, United States Court of International Trade, sitting by designation.

CARMAN, Chief Judge:

BACKGROUND

The Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-85 (1994), establishes the standards states must meet in providing education services to disabled infants and children in order to receive financial assistance from the federal government. Part H of the IDEA requires states to provide "appropriate early intervention services to all infants and toddlers with disabilities and their families....

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