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MATTER OF BATTAGLIA v. CORT

49 A.D.3d 1179 (2008)

853 N.Y.S.2d 787

In the Matter of DAVID BATTAGLIA, Petitioner, v. REBECCA H. CORT, as Deputy Commissioner of Office of Vocational and Educational Services for Individuals with Disabilities of New York State Education Department, Respondent.

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

Decided March 14, 2008.

It is hereby ordered that the determination is unanimously annulled on the law without costs and the matter is remitted to respondent for further proceedings in accordance with the following memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination of the Hearing Officer affirming respondent's decision denying his application for increased funding on the ground that it is not...

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