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B.C. v. Colton-Pierrepont Central School Dist.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 21, 2008

B.C., A CHILD WITH A DISABILITY, INDIVIDUALLY AND BY HIS PARENT AND NEXT FRIEND, L.C., PLAINTIFF,
v.
COLTON-PIERREPONT CENTRAL SCHOOL DISTRICT DEFENDANT.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

Pursuant to the oral decision of the Court, entered into the record after hearing oral argument on November 21, 2008, in Utica, New York, it is hereby ORDERED that

(1) defendants' motion for summary judgment is DENIED;

(2) plaintiff's cross-motion for summary judgment is DENIED;

(3) the State Review Officer's decision is VACATED;

(4) the matter is REMANDED to the Impartial Hearing Officer for a new hearing in accordance with this decision;

(5) and the complaint is DISMISSED in its entirety without prejudice. The Clerk of the Court is directed to enter judgment accordingly.

IT IS SO ORDERED.

20081121

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