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FINKLE v. BOARD OF EDUC. OF SYOSSET CENT. SCHOOL

No. CV-04-4251.

386 F.Supp.2d 119 (2005)

D.F., by his Parent and Natural Guardian, Andrew Finkle, Plaintiff, v. BOARD OF EDUCATION OF SYOSSET CENTRAL SCHOOL DISTRICT; James Kassebaum, Both Individually and in His Capacity as Principal of the Harry B. Thompson Middle School; and Carole G. Hankin, Both Individually and in Her Capacity as Superintendent of the Syosset Central School District, Defendants.

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

September 12, 2005.

Attorney(s) appearing for the Case

E. Christopher Murray, Reisman, Peirez & Reisman, L.L.P., Garden City, for Dylan Finkle.

Peter J. Biging, Lewis, Brisbois, Bisgaard & Smith, LLP, New York City, for Board o Education Of Syosset Central School District.

A. Kathleen Tomlinson, Farrell Fritz, P.C., Uniondale, NY, for Dr. Carole G. Hankin.

MEMORANDUM AND ORDER

PLATT, District District Judge.

Before this Court is the Board of Education of Syosset Central School District ("Board of Education"), James Kassebaum ("Kassebaum"), and Carole G. Hankin's ("Hankin"), (collectively "Defendants"), motions to dismiss Plaintiff D.F.'s ("Plaintiff" or "D.F.") amended complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).1 Defendants move

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