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SCHMELZER EX REL. SCHMELZER v. NEW YORK

No. 01-CV-1864JSARL.

363 F.Supp.2d 453 (2003)

Michael J. SCHMELZER, by and through Pal Schmelzer and Barbara Schmelzer, guardians of his person and property; Chelsea Von Harder, by and through her mother and natural guardian, Jan Reddy; and K.G. by and through her parents and natural guardians, M.G. and S.G.; individually and on behalf of themselves and all persons similarly situated to them; and Long Island Advocacy Center, Inc, Plaintiffs, v. State of NEW YORK; New York State Education Department; Richard P. Mills, as Commissioner of Education of the State of New York; and Related Individual Actions by Schmelzer against Half Hollow Hills Central School District; by Reddy and Von Harder against New York City Board of Education (School District No. 2); and by K.G., M.G. and S.G. against Smithtown Central School District, Defendants.

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

October 1, 2003.

Attorney(s) appearing for the Case

Lewis M. Wasserman, Wasserman Steen, LLP, Patchogue, NY, for Plaintiffs.

Ralph Pernick, Assistant Attorney General, Eliot Spitzer, Attorney General, Mineola, NY, for the State Defendants, consisting of the State of New York, the New York State Education Department and Richard P. Mills, as Commissioner of Education of the State of New York (the "State Defendants").

MEMORANDUM AND ORDER

SEYBERT, District Judge.

Familiarity with the facts of the present case and the substantive and procedural law of the IDEA is presumed. Presently pending before this Court is a motion for summary judgment, brought by Order to Show Cause, to have this Court issue permanent injunctive and declaratory relief. Plaintiff seeks to have this Court sign a proposed order granting summary judgment in their favor, (a) certifying a rotating...

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