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ALLEYNE v. NEW YORK STATE EDUC. DEPT.

Docket No. 07-1726-cv.

516 F.3d 96 (2008)

Jeanette ALLEYNE, individually and as Next Friend and Guardian of T.J., Allen Datoush, Individually and as Next Friend and Guardian of T.D., Kim Datoush, individually and as Next Friend and Guardian of T.D., Linda Doherty, individually and as Next Friend and Guardian of M.D., Susan Handon, individually and as Next Friend and Guardian of C.C., Leslie Joyner, individually and as Next Friend and Guardian of DJ., Lasharon Joyner, individually and as Next Friend and Guardian of C.J., Mitchell Shear, individually and as Next Friend and Guardian of S.S., Marcia Shear, individually and as Next Friend and Guardian of S.S., and the Judge Rotenberg Educational Center, Inc., Plaintiffs-Appellees, v. NEW YORK STATE EDUCATION DEPARTMENT, Richard P. Mills, in his Capacity as Commissioner of Education of the New York State Education Department and the New York State Board of Regents, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: February 14, 2008.

Attorney(s) appearing for the Case

Michael P. Flammia, Eckert Seamans Cherin & Mellott, LLC, Boston, MA (Jeffrey J. Sherrin, O'Connell and Aronowitz, P.C., Albany, NY, on the brief), for Plaintiffs-Appellees.

Julie S. Mereson, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, Andrew D. Bing, Deputy Solicitor General, on the brief) for Andrew M. Cuomo, Attorney General of the State of New York, Albany, NY.

Before: NEWMAN, WINTER, and B.D. PARKER, Circuit Judges.

PER CURIAM:

Defendants-Appellants, who are various New York State educational entities, appeal an order of the United States District Court for the Northern District of New York (Sharpe, J.), preliminarily enjoining the implementation of N.Y. Comp.Codes R. & Regs. tit. 8, § 200.22(f)(4), which purports to regulate certain treatments administered to special needs students., We vacate the injunction and remand to the district court to allow it to make...

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