Opinion
06 Civ. 5025 (VM).
June 30, 2006
DECISION AND ORDER
Plaintiff Alba Somoza ("Somoza" or "Plaintiff") seeks a temporary restraining order restraining the New York City Department of Education (the "DOE") from "taking any action to rescind, terminate or remove funding for plaintiff Alba Somoza's current educational, vocational, and related services programs (collectively, the "Blau Program") pending a hearing on Plaintiff's request for a preliminary injunction." (Order to Show Cause for Preliminary Injunction and Temporary Restraining Order, filed June 29, 2006 ("Order to Show Cause"), at 1.) In the underlying complaint, filed concurrently with the Order to Show Cause, Somoza, who is severely disabled and suffers from cerebral palsy, alleges she was denied a free appropriate public education (a "FAPE") as she is entitled to under the Individuals with Disabilities Education Act, 20 U.S.C. § 1415 et seq. (the "IDEA"). The underlying complaint requests that the Court issue declaratory and injunctive relief arising out of the DOE's "violation of Plaintiff's statutory rights under the [IDEA] and under Article 89 of the New York State Education Law." (Verified Complaint of Alba Somoza, dated June 30, 2006 ("Compl."), at ¶ 1.) On June 29, 2006, the Court heard oral argument on Somoza's request for a temporary injunction pending further briefing and a preliminary injunction hearing. The Court reserved judgment at that time.
After considering the papers submitted by Somoza, and the arguments presented at the June 29, 2006 hearing, the Court grants the request for a Temporary Restraining Order ("TRO"). Somoza has demonstrated that she will suffer irreparable harm if a TRO is not issued. Further, she has raised sufficiently serious questions going to the merits of her claim so as to make it fair grounds for litigation, as well as demonstrating that the balance of hardships in the instant dispute tips decidedly in her favor. The Court's findings, reasoning, and conclusions comprising the basis for this ruling will be further elaborated in a subsequent Decision and Order.
Accordingly, it is hereby
ORDERED that pending a hearing on plaintiff Alba Somoza's request for a preliminary injunction, the New York City Department of Education (the "DOE") and its agents, employees and all those acting in concert with the DOE are restrained from taking any action to rescind, terminate or remove funding for Plaintiff Alba Somoza's current educational, vocational and related services programs (collectively the "Blau Program").
The parties are directed to submit to the Court an agreed on briefing schedule and proposed time frame for a preliminary injunction hearing.