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SHERRY v. NEW YORK STATE ED. DEPT.

No. Civ-79-17.

479 F.Supp. 1328 (1979)

Jean SHERRY, Individually and as Next Friend of her infant child, Deloween Sherry, Plaintiff, v. NEW YORK STATE EDUCATION DEPARTMENT, New York State School for the Blind, and the Olean City School District, Defendants.

United States District Court, W. D. New York.

November 5, 1979.

Attorney(s) appearing for the Case

Monroe County Legal Assistance Corp., Southern Tier Legal Services (Michael L. Hanley, Olean, N. Y., of counsel), for Plaintiff.

Robert D. Stone, Albany, N. Y., New York State Education Department (Seth Rockmuller, Buffalo, N. Y., of counsel), for State Defendants.

Shane & Franz, Olean, N. Y. (J. Michael Shane, Olean, N. Y., of counsel), for defendant Olean City School District.

CURTIN, Chief Judge.

Plaintiff's daughter, Deloween Sherry, is fourteen years old. She is legally blind and deaf and she suffers from brain damage and an emotional disorder which makes her self-abusive. There is no question that she is a handicapped individual within the meaning of the Rehabilitation Act of 1973,1 and the Education of the Handicapped Act ["Handicapped Act"].2 In September 1978 Deloween Sherry...

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