Board of Education of the Rocky Point Union Free School District v. Ambach

Cross appeals from a judgment of the Supreme Court at Special Term (Williams, J.), entered January 17,1983 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Commissioner of Education ordering that a handicapped student be promoted in grade. In March, 1982, petitioner Board of Education of the Rocky Point Union Free School District tested Daren Lamb, the infant son of respondent Tonda Lamb, and found that he had visual-motor perceptual difficulties. On March 26,1982, petitioner’s committee on the handicapped…