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ANTKOWIAK BY ANTKOWIAK v. AMBACH

No. CIV-85-532C

653 F.Supp. 1405 (1987)

Lara ANTKOWIAK, by her parent and natural guardian, John ANTKOWIAK, Plaintiff, v. Gordon M. AMBACH, as Commissioner of the New York Education Department, Defendant.

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

February 18, 1987.

Attorney(s) appearing for the Case

Bouvier, O'Connor, Cegielski & Levine, Neighborhood Legal Services, State University of New York at Buffalo, Legal Assistance Program (Bruce A. Goldstein, James R. Sheldon, and Ronald M. Hager, of counsel), for plaintiff.

Robert Abrams, Atty. Gen. of the State of N.Y. (Peter B. Sullivan, Asst. New York State Atty. Gen., of counsel), Buffalo, N.Y., for defendant.

CURTIN, Chief Judge.

Plaintiff Lara Antkowiak is a 14-year-old girl with profound emotional disturbance and a severe eating disorder, anorexia nervosa. Lara's illness first surfaced when she was only ten years old, and since that time, she has been hospitalized on several occasions, once for nearly one year. The issue in this case is whether the New York State Education Department [SED] must pay for Lara's placement at a private residential and educational facility...

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