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CATLIN v. SOBOL

No. 86-CV-222.

988 F.Supp. 85 (1997)

Daniel CATLIN, individually and as a parent and natural Guardian of Dunbar Elliot Catlin a/k/a "Dell" Catlin, a handicapped child; Dundeen Catlin, individually and as a parent and natural Guardian of Dunbar Elliot Catlin a/k/a "Dell" Catlin, a handicapped child; and Dunbar Elliot Catlin, a handicapped child a/k/a "Dell" Catlin; Plaintiffs, v. Thomas SOBOL, 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.

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

December 10, 1997.

Attorney(s) appearing for the Case

Donoghue, Thomas, Auslander & Drohan, Fishkill, NY, for Plaintiffs; James Drohan, Lawrence W. Thomas, of counsel.

Hogan & Sarzynski, Binghamton, NY, for Defendants John F. Holdorf, Board of Education of the Edmeston Central School District; Edward J. Sarzynski, of counsel.

Dennis C. Vacco, Office of the Attorney General of the State of New York, Albany, NY, for Thomas Sobol; Mary Ellen Clerkin, of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

INTRODUCTION

Presently before the court are three motions. First, plaintiffs have filed a motion for a declaration that pursuant to the Individuals with Disabilities Education Act ("IDEA") and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, the Edmeston Central School District ("District") may not seek tuition reimbursement from plaintiffs. Alternatively, plaintiffs...

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