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M.M. v. BD. OF EDUC. OF WATERVILLE CENT. SCH. DIST.

No. 95-CV-1407 RSP/DS.

963 F.Supp. 185 (1997)

M.M. and D.M., by themselves and on behalf of their minor son, J.M., Plaintiffs, v. THE BOARD OF EDUCATION OF THE WATERVILLE CENTRAL SCHOOL DISTRICT; Michael Glover, (officially as) Superintendent of the Waterville Central School District; Richard P. Mills, (officially as) Commissioner of the New York State Department of Education; The New York State Department of Education; and Raymond A. Meier, (officially as) County Executive of the County of Oneida; and Oneida County, Defendants.

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

May 27, 1997.

Attorney(s) appearing for the Case

Legal Services Of Central New York, Inc., Syracuse, NY, for Plaintiffs; Paul F. Kelly, of counsel.

Children's Rights Clinic, Syracuse University College of Law, Syracuse, NY, for Plaintiffs; Malcom C. Grace, Kristina A. Graham, Brian F. Bronson, Student Attorneys, Elizabeth Goldenberg, Supervising Attorney, of counsel.

Dennis C. Vacco, Attorney General of State of New York, for Defendants Mills and New York State Department of Education; Steven H. Schwartz, Associate Attorney, of counsel.

Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., East Syracuse, NY, for Defendants Board of Education of the Waterville Central School District and Glover; Mark H. Reitz, Perri R. Guido, of counsel.

Capecelatro, Del Buono & Compson, P.C., Utica, NY, for Defendants Raymond Meier and Oneida County, David R. Diodati, of counsel.

MEMORANDUM DECISION AND ORDER

POOLER, District Judge.

INTRODUCTION

Defendants Richard P. Mills, Commissioner of the New York State Department of Education, and the New York State Department of Education ("DOE") (collectively, the "state defendants") move for summary judgment, arguing, among other things, that there is no concrete case or controversy between the plaintiffs and the state defendants. Because I agree that there is no justiciable dispute...

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