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KATONAH-LEWISBORO UNION FREE SCH. DIST. v. NEW YORK STATE EDUC. DEPT.

Index No. 909115-23.

2024 NY Slip Op 24070

KATONAH-LEWISBORO UNION FREE SCHOOL DISTRICT and BOARD OF EDUCATION OF THE KATONAH-LEWISBORO UNION FREE SCHOOL DISTRICT, Petitioners, v. NEW YORK STATE EDUCATION DEPARTMENT; BETTY A. ROSA, COMMISSIONER OF EDUCATION; DAVID JOVE, REGIONAL ASSOCIATE OF THE NEW YORK STATE EDUCATION DEPARTMENT; and VANESSA POTANOVIC and RAYMOND POTANOVIC ON BEHALF OF THEIR CHILD, H.P., Respondents.

Supreme Court, Albany County.

Decided March 8, 2024.

Attorney(s) appearing for the Case

Thomas, Drohan, Waxman, Petigrow & Mayle, LLP ( Steven Lean Banks, Esq. ), Petitioners.

New York State Office of the Attorney General ( Peter Anthony McDaniel, Esq. ), Respondents.

In this Article 78 proceeding petitioners seek to annul an August 28, 2023 determination of respondents New York State Education Department, Betty A. Rosa and David Jove ("respondents") finding that petitioners denied special education student H.P. a free appropriate public education ("FAPE") under the Individuals with Disabilities...

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