In re Baitler

Appellate Division of the Supreme Court of New York

In re Baitler

48 A.D.2d 833, 368 N.Y.S.2d 224, 1975 N.Y. App. Div. LEXIS 10043

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 2, 1975

StatusPublished

This text of 48 A.D.2d 833 (In re Baitler) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Baitler, 48 A.D.2d 833, 368 N.Y.S.2d 224, 1975 N.Y. App. Div. LEXIS 10043 (N.Y. Ct. App. 1975).

Pincite

Opinion

In a proceeding to provide for the education of a handicapped child, petitioners appeal from an order of the Family Court, Rockland County, dated October 22, 1974, which dismissed the petition, after a hearing. Order reversed, with $20 costs and disbursements; petition granted; and the County of Rockland is directed to pay the handicapped child’s tuition and maintenance expenses at the Rhinebeck County School for the 1973-1974 and the upcoming 1975-1976 school years. The testimony adduced at the hearing established that the special educational classes maintained by the Board of Cooperative Educational Services were inadequate to meet the needs of the child here. Hence, it was improper to dismiss the petition. Rabin, Acting P. J., Brennan and Shapiro, JJ., concur; Hopkins and Martuscello, JJ., dissent and vote to affirm.

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In a proceeding to provide for the education of a handicapped child, petitioners appeal from an order of the Family Court, Rockland County, dated October 22, 1974, which dismissed the petition, after a hearing. Order reversed, with $20 costs and disbursements; petition granted; and the County of Rockland is directed to pay the handicapped child’s tuition and maintenance expenses at the Rhinebeck County School for the 1973-1974 and the upcoming 1975-1976 school years. The testimony adduced at the hearing established that the special educational classes maintained by the Board of Cooperative Educational Services were inadequate to meet the needs of the child here. Hence, it was improper to dismiss the petition. Rabin, Acting P. J., Brennan and Shapiro, JJ., concur; Hopkins and Martuscello, JJ., dissent and vote to affirm.

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Bluebook (online)

48 A.D.2d 833, 368 N.Y.S.2d 224, 1975 N.Y. App. Div. LEXIS 10043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-baitler-nyappdiv-1975.