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CAPPILLINO v. HYDE PARK CENT. SCHOOL DIST.

Docket No. 97-7017.

135 F.3d 264 (1998)

Sharon CAPPILLINO, individually and as parent and natural guardian of Peter Cappillino, and Peter Cappillino, Plaintiffs-Appellants, v. HYDE PARK CENTRAL SCHOOL DISTRICT; Lloyd Jaeger, individually and as Superintendent of the Hyde Park Central School District; Donald Johnson, individually and as Director of Pupil Personnel, 504 Officer, Coordinator of the Special Education of the Hyde Park Central School District; Natalie Johnson, individually and as Director of Special Services and as Chairperson of the Committee on Special Education of the Hyde Park Central School District and Sally Kuralt, individually and as Chairperson of the Committee on Special Education of the Hyde Park Central School District, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 30, 1998.

Attorney(s) appearing for the Case

Ben M. Arai, Bronx, New York City, for Plaintiffs-Appellants.

Neal H. Rosenberg, New York City, for Defendant-Appellee.

Before: WINTER, Chief Judge, FEINBERG, and NEWMAN, Circuit Judges.

WINTER, Chief Judge:

Sharon Cappillino and her son, Peter, appeal from Judge Brieant's denial of their Fed R. Civ. P. 60(b) motion to set aside a stipulated settlement and to reopen their action brought under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., and 42 U.S.C. § 1983. At the time of the stipulation, the district court made clear that if no party sought to reopen the action within 45 days, the settlement...

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