United States Second Circuit
POLERA v. BOARD OF EDUC. NEWBURGH ENLARGED CITY SCH. DIST., 01-7400, 01-7439
Because the plaintiff failed to exhaust her administrative remedies under the Individuals with Disabilities Education Act, the district court lacked subject matter jurisdiction over her claims alleging intentional discrimination in violation of the Americans with Disabilities Act and the Rehabilitation Act.
Appellate Information
- Decided 04/29/2002
- Published 04/29/2002
Judges
- STRAUB, Circuit Judge., Before: MINER and STRAUB, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Jay Worona, Albany, NY, for Amicus New York State School Boards Association, Inc.
- For Appellees:
- Alex Smith, Gurda, Gurda & Smith, Middletown, NY (Robert N. Isseks, Middletown, NY, of counsel), for Plaintiff-Appellee-Cross-Appellant Santina Polera., Mark C. Rushfield,Shaw & Perelson, Highland, NY, for Defendant-Appellant-Cross-Appellee The Board of Education of the Newburgh Enlarged City School District.