MATTER OF ELMIRA CITY SCH. DIST. v. NEW YORK STATE EDUC. DEPT.

533020.

204 A.D.3d 1134 (2022)

166 N.Y.S.3d 710

2022 NY Slip Op 02325

In the Matter of Elmira City School District, Appellant, v. New York State Education Department et al., Respondents, and Carolyn K., as Parent of E.K., an Infant, Respondent.

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

Decided April 7, 2022.


Attorney(s) appearing for the Case

Law Firm of Frank W. Miller PLLC, East Syracuse ( Charles C. Spagnoli of counsel), for appellant.

McNelis Law PLLC, Getzville ( Patrick M. McNelis of counsel), for Carolyn K., respondent.

Garry, P.J., Pritzker, Colangelo and McShan, JJ., concur.


Respondent Carolyn K. (hereinafter respondent) is the mother of E.K. (hereinafter the child; born in 2013)—a child with extensive medical issues who is nonverbal and not ambulatory. The child requires a multitude of services, including speech therapy, occupational therapy, physical therapy, vision therapy and skilled nursing services...

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