K.H.K. et al v. New York City Department Of Education, No. 1:2021cv05236 - Document 85 (S.D.N.Y. 2022)

Court Description: ORDER GRANTING MOTION FOR VACATUR OF SRO DECISION AND DISMISSAL OF CLAIMS AGAINST NYSED AS MOOT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) granting 80 Motion to Dismiss. It is: HEREBY ORDERED that Plaintiffs' motion for vacatur and to dismiss is GRANTED; and IT IS FURTHER ORDERED that the decision of the State Review Officer in the action dated March 15, 2021, captioned Application of a STUDENT WITH A DISABILITY, by her parents, for review of a determination of a heari ng officer relating to the provision of educational services by the New York City Department of Education, No. 21-023, is hereby VACATED; and IT IS FURTHER ORDERED that the claims asserted in this action against Defendant New York State Education Department are DISMISSED as moot and without prejudice. (Signed by Judge Lewis J. Liman on 6/3/2022) (vfr)