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07-542 - Cave et al v. East Meadow Union Free School District et al


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07-542 - Cave et al v. East Meadow Union Free School District et al
February 28, 2007
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MEMORANDUM OF DECISION AND ORDER - This Court holds that the Federal IDEA Statute is applicable and requires exhaustion, which has not occurred. Further, there is no violation of the Federal Age Discrimination in Employment or Federal Rehabilitation Act statutes because the School District has supplied to John Jr. reasonable accomodations for his hearing impairment. Finally, the New York State statutes raised by the plaintiffs are inapplicable. Based on the foregoing, there is no reasonable liklihood of success by the plaintiffs in this case and no preliminary injunction will be granted. In making these determinations, the Court understands and appreciates the genuine concern of the Cave family. The Court realizes that they have gone through this difficult path with the only goal of helping and nuturing their son. However, the facts and law do not support the issuance of preliminary injunction. Based on the foregoing, it is hereby ORDERED, that the plaintiff's motion for a preliminary injunction enjoining the defendants from preventing John Jr. from entering Clarke High School while accompanied by his service dog is DENIED. SEE Decision for further details. (Signed by Judge Arthur D. Spatt, on 2/28/07). (Coleman, Laurie)
March 19, 2007
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MEMORANDUM OF DECISION AND ORDER (Amending the 30 "Decision", dated 2/28/07) - ORDERED, that the plaintiffs' motion for a preliminary injunction enjoining the defendants from preventing Johh, Jr. from entering Clarke High School while accompanied by his service dog is DENIED. (Ordered by Judge Arthur D. Spatt, on 3/19/07). (Coleman, Laurie)
January 29, 2008
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ewski, Elizabeth)MEMORANDUM AND ORDER that the plaintiffs' complaint is dismissed in its entirety, without prejudice; and it is further ORDERED, that the Clerk of Court is directed to close the case.. Ordered by Senior Judge Arthur D. Spatt on 1/29/08. (Mierzej