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BAY SHORE UNION FREE SCHOOL DIST. v. KAIN

Docket No. 06-0601-CV.

485 F.3d 730 (2007)

BAY SHORE UNION FREE SCHOOL DISTRICT, Plaintiff-Counter-Defendant-Appellant, v. Thomas KAIN, on behalf of his son, Ryan Kain, Defendant-Counterclaimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 10, 2007.

Attorney(s) appearing for the Case

Christopher Venator, Hauppauge, NY, (Ingerman Smith, L.L.P., Hauppauge, NY, of counsel), for Appellant.

Robert E. Fekete, Mineola, NY, (Kenneth A. Gray, Bee Ready Fishbein Hatter & Donovan, L.L.P., Mineola, NY, of counsel), for Appellee.

Before MESKILL, WINTER and HALL, Circuit Judges.

MESKILL, Circuit Judge.

This appeal asks us to decide whether plaintiff-appellant Bay Shore Union Free School District (the School District) has a legal obligation to provide defendant-appellee's son Ryan with a teacher's aide during his classes at St. Patrick School,1 the parochial school the child now attends. The New York Department of Education Review Officer determined that the School District must provide Ryan a teacher's aide at...

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