Eschenasy et al v. New York City Department of Education

Justia Dockets & Filings Second Circuit New York Southern District Eschenasy et al v. New York City Department of Education

Eschenasy et al v. New York City Department of Education

Case Number:	1:2006cv15524
Filed:	December 29, 2006
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Miriam Goldman Cedarbaum
Nature of Suit:	Civil Rights: Other
Cause of Action:	20 U.S.C. § 1400 Civil Rights of Handicapped Child
Jury Demanded By:	None

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Date Filed	Document Text
March 26, 2009	Filing 23 OPINION #97292 re: 13 MOTION for Summary Judgment by Plaintiffs filed by Dan Eschenasy, Rachel Eschenasy, 10 MOTION for Summary Judgment filed by The City of New York, New York City Department of Education. For the foregoing reasons, plaintiffs m otion for summary judgment that Ann should have been classified as a student with an emotional disturbance is granted. Plaintiffs motion for tuition reimbursement for the John Dewey Academy is denied and their motion for tuition reimbursement for the Elan School is granted. Accordingly, plaintiffs motion for summary judgment is granted in part and denied in part. Defendants motion for summary judgment is granted in part and denied in part. Upon proper proof of payment, the Department of Educatio n is ordered to reimburse plaintiffs for tuition for the Elan School. Defendants motion to dismiss the City of New York is granted. SO ORDERED. (Signed by Judge Miriam Goldman Cedarbaum on 3/25/2009) (tve) Modified on 3/27/2009 (ae). Modified on 4/14/2009 (tve).

Date Filed

Document Text

March 26, 2009

Filing 23 OPINION #97292 re: 13 MOTION for Summary Judgment by Plaintiffs filed by Dan Eschenasy, Rachel Eschenasy, 10 MOTION for Summary Judgment filed by The City of New York, New York City Department of Education. For the foregoing reasons, plaintiffs m otion for summary judgment that Ann should have been classified as a student with an emotional disturbance is granted. Plaintiffs motion for tuition reimbursement for the John Dewey Academy is denied and their motion for tuition reimbursement for the Elan School is granted. Accordingly, plaintiffs motion for summary judgment is granted in part and denied in part. Defendants motion for summary judgment is granted in part and denied in part. Upon proper proof of payment, the Department of Educatio n is ordered to reimburse plaintiffs for tuition for the Elan School. Defendants motion to dismiss the City of New York is granted. SO ORDERED. (Signed by Judge Miriam Goldman Cedarbaum on 3/25/2009) (tve) Modified on 3/27/2009 (ae). Modified on 4/14/2009 (tve).

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