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GAGLIARDO v. ARLINGTON CENTRAL SCHOOL DIST.

No. 04 CIV. 1802(CM).

373 F.Supp.2d 460 (2005)

Anthony and Adele GAGLIARDO, parents of a disabled student, Stephen G., Plaintiffs, v. ARLINGTON CENTRAL SCHOOL DISTRICT, Defendants.

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

June 17, 2005.

Attorney(s) appearing for the Case

Rosalee Charpentier, Kingston, NY, for Plaintiffs.

Jeffrey James Schiro, Leah Lennon Murphy, Kuntz, Spagnuolo, Scapoli & Schiro, P.C., Bedford Village, NY, for Defendants.

OPINION AND ORDER DENYING WITHOUT PREJUDICE BOTH PARTIES MOTIONS FOR SUMMARY JUDGMENT, VACATING THE STATE REVIEW OFFICER'S SUA SPONTE DISMISSAL OF PLAINTIFFS' APPEAL FROM THE DECISION OF THE IMPARTIAL HEARING OFFICER AND REMANDING THE CASE TO THE SRO FOR A MERITS DETERMINATION

MCMAHON, District Judge.

In this case brought pursuant to the Individuals with Disabilities in Education Act, 20 U.S.C. § 1400, ...

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