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B.J.S. v. STATE EDUC. DEPARTMENT/UNIVERSITY OF NY

No. 08-CV-513A.

699 F.Supp.2d 586 (2010)

B.J.S., Individually and on behalf of N.S., a child with a disability, Plaintiff, v. The STATE EDUCATION DEPARTMENT/UNIVERSITY OF the State of NEW YORK, Paul F. Kelly, State Review Officer, Richard P. Mills, Commissioner of Education, Springville-Griffith Institute Central School District Board of Education, Defendants.

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

March 23, 2010.

Attorney(s) appearing for the Case

B.J.S., Springville, NY, Pro Se.

Andrew M. Cuomo, New York State Attorney General, Darren Longo, Assistant New York State Attorney General, of Counsel, Buffalo, NY, for Defendants State Education Department, Paul F. Kelly and Richard P. Mills.

Hodgson Russ, LLP, Paul I. Perlman, Ryan L. Everhart, of Counsel, Buffalo, NY, for Springville-Griffith Central School District.

ORDER

RICHARD J. ARCARA, District Judge.

Plaintiff commenced this action against the State Education Department, Paul F. Kelly, Richard P. Mills (collectively, the "State Defendants") and the Springville-Griffith Institute Central School District ("School District"). This case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1). On June 12, 2009, the State Defendants filed a motion to dismiss all of plaintiffs claims...

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