United States Second Circuit

Challenge to denial of motion for a preliminary injunction enjoining defendants from denying one plaintiff entry to his high school and any school facility while accompanied by his service dog, is remanded as complaint must be dismissed for lack of subject matter jurisdiction due to plaintiffs' failure to exhaust the administrative remedies available to them under the Individuals with Disabilities Education Act.

Appellate Information

• Decided 01/23/2008
• Published 01/23/2008

Judges

• FEINBERG, Circuit Judge:, Before:  FEINBERG, CALABRESI, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Paul J. Margiotta, Esq., Lindenhurst, NY, for plaintiffs-appellants.


• For Appellees:
  
• Stanley A. Camhi, Esq., Jaspan, Schlesinger & Hofman, LLP, Garden City, NY, for defendants-appellees.