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  5. 688 F.Supp. 861 (1988)
 

ROBERT D. v. SOBEL

No. 88 Civ. 287 (CLB).

688 F.Supp. 861 (1988)

ROBERT D. and Lena D., v. Thomas SOBEL, as Commissioner of Education of the State of New York.

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

April 4, 1988.

Attorney(s) appearing for the Case

Marion Katzive, Anne Murdaugh, Rebell & Katzive, New York City, for plaintiffs.

Martha Shoemaker, Asst. Atty. Gen. of State of N.Y., New York City, for defendant.

MEMORANDUM AND ORDER

BRIEANT, Chief Judge.

On January 15, 1988, plaintiffs brought this action against the Board of Education of the Croton-Harmon Union Free School District ("Board") and Thomas Sobel, as the New York State Commissioner of Education ("Commissioner"), pursuant to the Education of the Handicapped Act ("EHA"), as amended by the Handicapped Children's Protection Act ("HPCA"), 20 U.S.C. Sec. 1415(e)(4)(B), which provides:

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