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MATTER OF TOMARKEN v. STATE

514301.

100 A.D.3d 1072 (2012)

953 N.Y.S.2d 355

In the Matter of JAMES L. TOMARKEN, as Commissioner of the Suffolk County Department of Health Services, et al., Appellant, v. STATE OF NEW YORK, Respondent.

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

November 1, 2012.

McCarthy, J.

The Federal Individuals with Disabilities Education Act (hereinafter IDEA) requires states to ensure, among other things, that preschool children with disabilities are provided a "free appropriate public education" (20 USC § 1400 [d]; see § 1401 [3]). To fulfill its obligations in that regard, respondent State of New York imposed on the counties the responsibility to provide necessary services to preschool children (see Education...

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