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CITY OF NEW YORK v. STATE OF NEW YORK

46 A.D.3d 1168 (2007)

847 N.Y.S.2d 768

CITY OF NEW YORK et al., Appellants, v. STATE OF NEW YORK, Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 20, 2007.

Mugglin, J.

Disabled students residing in Office of Mental Retardation and Developmental Disabilities (hereinafter OMRDD) facilities attend school in the districts where the facilities are located (hereinafter host districts). Under the Education Law, host districts may seek reimbursement from the Department of Education for the expenses incurred in educating children placed in their districts (see Education Law §§ 3202, 3604). Claimants unsuccessfully...

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