United States Second Circuit
D.D. v. New York City Bd.of Educ., 04-2542
Denial of motion for preliminary injunction requiring the city and state to immediately provide all services required by plaintiffs' Individualized Education Programs that have been put in place under the IDEA, is vacated as the right to a free appropriate public education entitles plaintiffs to their IEP-mandated services as soon as possible after the IEPs have been developed, and the district court applied the wrong legal standard.
Appellate Information
- Decided 10/12/2006
- Published 10/13/2006
Judges
- Before: NEWMAN, CALABRESI and HALL, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Ilann M. Maazel (Matthew D. Brinckerhoff and Eric Hecker, on the brief) Emery Celli Brinckerhoff & Abady LLP, New York, NY, appearing for Plaintiffs-Appellants.
- For Appellees:
- Grace Goodman (Michael A. Cardozo and Larry A. Sonnenshein, on the brief) Corporation Counsel of the City of New York, New York, NY, appearing for the City Defendants-Appellees., Melanie L. Oxhorn, Assistant Solicitor General (Michael S. Belohlavek, Deputy Solicitor General, on the brief) for Eliot Spitzer, Attorney General of the State of New York, New York, NY, appearing for the State Defendant-Appellee.