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N.J. EX REL. N.J. v. NEW YORK

No. 11-CV-5935 (ADS)(AKT).

872 F.Supp.2d 204 (2011)

N.J., individually, and as parent and natural guardian of N.J. and A.J., minor children, individually, Plaintiffs, v. State of NEW YORK, New York State Education Department and Malverne Union Free School District, Defendants.

United States District Court, E.D. New York.

December 13, 2011.

Attorney(s) appearing for the Case

DLA Piper U.S. LLP, by: Stephen P. Davidson, Esq. , Mark Deckman, Esq. , of Counsel, New York, NY, for the Plaintiffs.

Eric T. Schneiderman , New York Attorney General, by: Dorothy O. Nese , Assistant Attorney General, Mineola, NY, for the State of New York and the New York State Education Department.

Frazer & Feldman, LLP, by: Joseph W. Carbonaro, Esq. , of Counsel, Garden City, NY, for the Malverne Union Free School District.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The plaintiffs in this case are N.J. and her children N.J(m)1 and A.J ("the plaintiff children" and collectively "the Plaintiffs"). The Plaintiffs allege that they are "homeless" as defined under federal and state law. The Plaintiffs have commenced this action against the Malverne Union Free School District ("the District"), the State of New York ("the State") and the New...

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