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MATTER OF GRONBACH v. NEW YORK STATE EDUC. DEPT.

536063.

221 A.D.3d 1385 (2023)

201 N.Y.S.3d 534

2023 NY Slip Op 06182

In the Matter of Vanessa M. Gronbach et al., Appellants, v. New York State Education Department et al., Respondents.

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

Decided November 30, 2023.

Attorney(s) appearing for the Case

Law Office of Jeffrey J. Schiro, PLLC, Purchase ( Jeffrey J. Schiro of counsel) and Gentile & Associates, New York City ( Laura Gentile of counsel), for appellants.

Letitia James , Attorney General, Albany ( Beezly J. Kiernan of counsel), for New York State Education Department and others, respondents.

Sylvia O. Hinds-Radix , Corporation Counsel, New York City ( MacKenzie Fillow of counsel), for City School District of New York and others, respondents.

Clark, J.P., Aarons, Reynolds Fitzgerald and McShan, JJ., concur.

Appeal from a judgment of the Supreme Court (Susan M. Kushner, J.), entered August 23, 2022 in Albany County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondents' motions to dismiss the petition/complaint.

Under the federal Individuals with Disabilities Education...

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