MATTER OF PELOSE

989 CA 09-00485.

66 A.D.3d 1342 (2009)

885 N.Y.S.2d 816

2009 NY Slip Op 6895

In the Matter of JOHN PELOSE et al., on Behalf of BRIAN PELOSE, an Infant, Respondents, for Review of a Determination of BISHOP GRIMES JR./SR. HIGH SCHOOL, Appellant, Dismissing the Infant from any Future Attendance at Said High School Relating to the Provisions of Education Services to a Child with a Disability.

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

Decided October 2, 2009.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the cross motion is granted and the petition is dismissed.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking review of the determination to expel their son from respondent school. According to petitioners, respondent failed to undertake certain mandatory procedures related to the individualized education plan established for petitioners...

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