Opinion

Board of Education of the Uniondale Union Free School District v. J.P.

Court
District Court, E.D. New York
Filed
Oct 7, 2019
Cited by
0 cases
Authority
More cited than 26.5%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

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BOARD OF EDUCATION OF THE UNIONDALE

UNION FREE SCHOOL DISTRICT

Plaintiff,

-against- ORDER

18-CV-1038 (JMA) (AYS)

J.P. and S.R., individually, and as parents and legal

guardians of S.P., a minor,

Defendants.

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AZRACK, United States District Judge:

Plaintiff, Board of Education of the Uniondale Union Free School District (“Plaintiff”)

commenced this action on February 2, 2018, pursuant to Section 1415(i)(2) of the Individuals with

Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. On January 1, 2019, the parties both

filed motions for summary judgment. (ECF Nos. 35, 43.) I referred these motion to Magistrate Judge

Anne Y. Shields for a Report and Recommendation (“R&R”).

On August 23, 2019, Judge Shields issued an R&R recommending that the Decision of the

State Review Officer dated November 29, 2017 be affirmed in its entirety, that Plaintiff’s motion

for summary judgment be denied in its entirety, and that Defendants’ motion for summary

judgment be granted in part and denied in part, as set forth in the R&R, ECF No. 50.)

On September 6, 2019, Plaintiff filed objections to Judge Shields’ R&R. Having conducted a

review of the full record and the applicable law, I adopt Judge Shields’ R&R in its entirety as the

opinion of the Court.

In reviewing a magistrate judge’s report and recommendation, the Court must “make a de

novo determination of those portions of the report or . . . recommendations to which

objection[s][are] made.” 28 U.S.C. § 636(b)(1)(C); see also Brown v. Ebert, No. 05–CV–5579,

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2006 WL 3851152, at *2 (S.D.N.Y. Dec. 29, 2006). The Court “may accept, reject, or modify, in

whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. §

636(b)(1)(C). Those portions of a report and recommendation to which there is no specific

reasoned objection are reviewed for clear error. See Pall Corp. v. Entegris, Inc., 249 F.R.D. 48,

51 (E.D.N.Y. 2008).

I have undertaken a de novo review of the record, the R&R, and Plaintiff’s objections, and I

agree with Judge Shields’ comprehensive and well-reasoned R&R and adopt it as the opinion of the

Court.

The Clerk of Court is directed to enter judgment accordingly and to close this case.

SO ORDERED.

Dated: September 30, 2019

Central Islip, New York

/s/ (JMA)

JOAN M. AZRACK

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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