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DiBrita v. Rockville Centre School District

Lawsuit is stayed for hearing, appeal under individuals with Disabilities Education Act.

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Judge Miller

DiBRITA v. ROCKVILLE CENTRE SCHOOL DISTRICT Defendant moves to dismiss this action pursuant to CPLR 3211 on the grounds that it is time-barred, that the Plaintiffs have failed to comply with various provisions of the General Municipal Law, that the Plaintiffs state a moot cause of action or fail to state any cause of action, and finally, that the Plaintiffs have failed to exhaust administrative remedies. Plaintiffs oppose the motion solely with a late-filed attorneys affirmation, incorrectly labeled Reply Affirmation. The Plaintiffs Complaint alleges a series of causes of action in tort for money damages all arising out of the Defendants alleged failure to provide proper accommodations for Plaintiff Jessica DiBritas learning disabilities, and the Defendants alleged abusive behavior when confronted on the issue.

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