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SOMOZA v. NEW YORK CITY DEPT. OF EDUC.

Docket No. 07-0778-cv.

538 F.3d 106 (2008)

Alba SOMOZA, Plaintiff-Appellee, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 14, 2008.

Attorney(s) appearing for the Case

David J. Adams, (Kimberly M. Mack Rosenberg, Salam M. Katsch, on the brief), Kasowitz, Benson, Torres, & Friedman, LLP, New York, NY, for Plaintiff-Appellee.

Susan Paulson, Assistant Corporation Counsel, (Michael A. Cardozo, Corporation Counsel, Francis F. Caputo, Janice L. Birnbaum, of Counsel), City of New York, NY, for Defendant-Appellant.

Before: CALABRESI, CABRANES, and SOTOMAYOR, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

Plaintiff Alba Somoza is a multiply-handicapped twenty-three-year-old woman. From the time of her attendance in preschool until January 2008, she received special educational services from defendant New York City Department of Education ("DOE"), as required by the Individuals with Disabilities in Education Act ("IDEA"), 20 U.S.C. §§ 1400-1482. After her statutory entitlement to a free appropriate public education ("FAPE...

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