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Matter of Lee

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1975
48 A.D.2d 666 (N.Y. App. Div. 1975)

Opinion

May 12, 1975


In a proceeding pursuant to section 232 FCT of the Family Court Act for the providing of educational payments for a handicapped child, the appeals are by the City of White Plains (City) and the County of Westchester (County) from an order of the Family Court, Westchester County, dated January 25, 1974, which, inter alia, (1) ordered that the said child be furnished education, (2) directed that the cost of the education should not exceed $1,800 per year and (3) made the cost of such education a charge upon the City. Order modified, on the law, by deleting from the decretal paragraph thereof the words "city of White Plains, said city" and substituting therefor the words "County of Westchester, said county". As so modified, order affirmed, without costs. The question presented on this appeal is whether the City was properly charged, in the first instance, with an $1,800 contribution toward the education costs of a handicapped child. This very issue was resolved, in favor of the City, in Matter of G. ( 78 Misc.2d 453) and the parties are referred to the well-reasoned opinion of the court in that case. We further note that Matter of G. (supra) is also supported by Matter of Held v County of Westchester ( 45 A.D.2d 822), in which this court affirmed, without opinion, the order of the Family Court, Westchester County, which, in the first instance, charged the County, rather than the City of Mount Vernon, with the education costs of a handicapped child. Hopkins, Acting P.J., Martuscello, Latham, Cohalan and Brennan, JJ., concur.


Summaries of

Matter of Lee

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1975
48 A.D.2d 666 (N.Y. App. Div. 1975)
Case details for

Matter of Lee

Case Details

Full title:In the Matter of LEE E.B. (ANONYMOUS), a Handicapped Child. CITY OF WHITE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 12, 1975

Citations

48 A.D.2d 666 (N.Y. App. Div. 1975)

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