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D.D. EX REL. V.D. v. N.Y. CITY BD. OF EDUC.

Docket No. 04-2542-CV.

465 F.3d 503 (2006)

D.D., a minor, by and through his Parent and Next Friend, V.D.; A.C., a minor, by and through his Parent and Next Friend, V.S.; B.T., a minor, by and through his Parent and Next Friend, D.N., individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. NEW YORK CITY BOARD OF EDUCATION; New York City Department of Education; Joel Klein; Angelo Gimondo, Dr., Superintendent, Community School District 30; Nelly Real-Korb, Chairperson, Committee on Preschool Special Education District 30; Richard P. Mills, Commissioner of the New York State Education Department; City of New York; Joe Blaize, Chairperson, CPSE District 29; Michael A. Johnson, Superintendent, Community School District 29; Beth Marino, Chairperson, CPSE District 25 and Michelle Fratti, Superintendent, Community School District 25, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 12, 2006.

Attorney(s) appearing for the Case

Ilann M. Maazel (Matthew D. Brinckerhoff and Eric Hecker, on the brief) Emery Celli Brinckerhoff & Abady LLP, New York, NY, appearing for Plaintiffs-Appellants.

Grace Goodman (Michael A. Cardozo and Larry A. Sonnenshein, on the brief) Corporation Counsel of the City of New York, New York, NY, appearing for the City Defendants-Appellees.

Melanie L. Oxhorn, Assistant Solicitor General (Michael S. Belohlavek, Deputy Solicitor General, on the brief) for Eliot Spitzer, Attorney General of the State of New York, New York, NY, appearing for the State Defendant-Appellee.

Before NEWMAN, CALABRESI and HALL, Circuit Judges.

HALL, Circuit Judge.

Three New York City preschool children with disabilities ("named plaintiffs" and together with plaintiff class, "Plaintiffs") filed a class action alleging, inter alia, that the New York City Department of Education ("DOE")1 and the New York State Education Department ("SED" and together with DOE, "Defendants") violated their rights under the Individuals with Disabilities...

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