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John M. Antkowiak commenced an action on behalf of his daughter, plaintiff-appellee Lara Antkowiak, in the United States District Court for the Western District of New York (Curtin, C.J.) against defendant-appellant Gordon M. Ambach, as Commissioner of the New York State Education Department ("SED"). The complaint asserted claims under the Education of the Handicapped Act ("EHA" or "the Act"), 20 U.S.C. § 1400 et seq. (1982); the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1982); and 42 U.S.C. § 1983 (1982) for violation of plaintiff's rights under the EHA and fourteenth amendment due process and equal protection clauses. Plaintiff sought declaratory and injunctive relief to effect a state placement of Lara at an unapproved out-of-state facility and reimbursement from the state for her private placement there.

After a bench trial, the district court granted judgment pursuant to the EHA in favor of plaintiff. Defendant appeals from this judgment. We reverse.


838 F.2d 635 (1988)

Lara ANTKOWIAK, by her parent and natural guardian John M. ANTKOWIAK, Plaintiff-Appellee, Cross-Appellant, v. Gordon M. AMBACH, as Commissioner of the New York State Education Department, Defendant-Appellant, Cross-Appellee.

Nos. 132, 222, Dockets 87-7300, -7344.

United States Court of Appeals, Second Circuit.

Argued September 14, 1987.

Decided January 27, 1988.

New York Law School location: File #422, Box #120