Advanced Therapy v. New York State Education Department

Appeal from an order and judgment of the Supreme Court (DeBow, J.), entered April 29, 2015 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent finding that there was no regional need for petitioner’s preschool special education program.

Petitioner and nonparty Capital District Beginnings, Inc. (hereinafter Beginnings) are providers of preschool special education services for students with disabilities. In 2014, the Lansingburgh Central School District (hereinafter LCSD) advised respondent of its desire to…