BERKOWITZ BY BERKOWITZ v. NEW YORK CITY BD. OF EDUC.

No. 95-CV-729 (JS).

921 F.Supp. 963 (1996)

Brian Ross BERKOWITZ, a handicapped child, by his parent and guardian, Sharon BERKOWITZ; Michael Andrew DiGuardia, a handicapped child, by his parent and guardian, Helen DiGuardia; Joseph Horan, a handicapped child, by his parent and guardian, William Horan; Christopher Saperstein, a handicapped child, by his parent and guardian, Kathy Saperstein, on behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. The NEW YORK CITY BOARD OF EDUCATION, and The New York State Education Department, Defendants.

United States District Court, E.D. New York.

April 3, 1996.


Attorney(s) appearing for the Case

Steven P. Sanabria, Forest Hills, NY, for Plaintiffs.

Judith McCarthy, Assistant Corporation Counsel, Corporation Counsel of the City of New York, New York City, Clement J. Colucci, Assistant Attorney General, Attorney General of the State of New York, New York City, for Defendants.


MEMORANDUM AND ORDER

SEYBERT, District Judge:

In the present case, plaintiffs Brian Ross Berkowitz, Michael Andrew DiGuardia, Joseph Horan, and Christopher Saperstein, all minor autistic children enrolled in the New York City public school system, by their respective parents and guardians, seek injunctive relief and monetary damages against defendants The New York City Board of Education [the "Board"] and The New York

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