United States Second Circuit

In an action under the Individuals with Disabilities in Education Act (IDEA) based on the allegedly inadequate special education in Plaintiff's son's school, the dismissal of the complaint is affirmed where, under New York law, a non-custodial parent has no right to make special education decisions for the child.

Appellate Information

• Decided 06/15/2009
• Published 06/15/2009

Judges

• JOHN M. WALKER, JR., Circuit Judge., Before: WALKER, CALABRESI, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lisa A. Keenan, LeBoeuf, Lamb, Greene & MacRae LLP (Lawrence W. Pollack, LeBoeuf, Lamb, Greene & MacRae LLP, and Shawn V. Morehead and Lucy Eagling, Advocates for Children of New York, Inc., on the brief), New York, N.Y., for Plaintiff-Appellant.


• For Appellees:
  
• Scott Shorr, Corporation Counsel of the City of New York, (Barry P. Schwartz, Corporation Counsel of the City of New York, of Counsel, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, for Defendants-Appellees.