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CALHOUN v. ILION CENT. SCHOOL DIST.

CA 11-00657.

2011 NY Slip Op 09743

DOMINICK CALHOUN, BY AND THROUGH HIS NEXT FRIEND, THE CHILDREN'S RIGHTS INITIATIVE, INC., PLAINTIFF-APPELLANT, v. ILION CENTRAL SCHOOL DISTRICT, CHRISTINE RUFF, PETER BUTCHKO, JOHN DOE(S) AND JANE DOE(S), DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

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

Decided December 30, 2011.

Attorney(s) appearing for the Case

THE CHILDREN'S RIGHTS INITIATIVE, INC., ROME ( BETH A. LOCKHART OF COUNSEL), FOR PLAINTIFF-APPELLANT.

THE LAW FIRM OF FRANK W. MILLER , EAST SYRACUSE ( J. RYAN HATCH OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

PRESENT: SCUDDER, P.J., CENTRA, GREEN, GORSKI, AND MARTOCHE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying defendants' motion in part and reinstating the 1st, 2nd, 4th, 5th, 7th, 8th, 11th and 12th causes of action and as modified the order is affirmed without costs.

Memorandum: Plaintiff, a former student at defendant Ilion Central School District (School District), commenced this action alleging that defendants violated the Americans with Disabilities Act ([ADA] 42 USC...

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