BRUNO v. CODD


47 N.Y.2d 582 (1979)

Carmen Bruno et al., Appellants, v. Michael Codd, as Commissioner of the New York City Police Department, et al., Defendants, and Gerald Hecht, as Director of Probation of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 10, 1979.


Attorney(s) appearing for the Case

John W. Corwin, Laurie Woods, Doris Peterson, John E. Kirklin, Nancy E. Biberman and Marjory D. Fields for appellants.

John Eiseman, Michael R. Juviler and Michael Clodner for Family Court clerks, respondents.

Allen G. Schwartz, Corporation Counsel (Carolyn E. Demarest and L. Kevin Sheridan of counsel), for probation department employees, respondents.

Betty Levinson for Women's Survival Space and others, amici curiae.

Marcia Robinson Lowry, Louise Gruner Gans, Cynthia Rollings and Stephen W. Tulin for Association of the Bar of the City of New York, amicus curiae.

Judges GABRIELLI and WACHTLER concur with Judge FUCHSBERG; Judge JONES concurs in result in a separate opinion in which Judge JASEN concurs; Judge MEYER dissents and votes to reverse in a memorandum; Chief Judge COOKE taking no part.


FUCHSBERG, J.

This appeal brings before us so much of an action for declaratory and injunctive relief as was brought by 12 "battered wives"1 against clerks of the Family Court in New York City and officials of the New York City Department of Probation, each individually and as a defendant class representative. In a nutshell, the gravamen of their complaint is that probation and Family...

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