SOC. FOR GOOD WILL TO RETARDED CHILDREN v. CUOMO

Nos. 1039, 1136, Dockets 83-9047, 83-9057.

737 F.2d 1253 (1984)

SOCIETY FOR GOOD WILL TO RETARDED CHILDREN, INC., Russell Cohen, by his natural father Milton Cohen, Audrey Rothstein, by her natural mother Paula Rothstein, Donald William Fearing, by his natural father George Fearing, Susan Feibusch, by her natural father Philip Feibusch, Lisa Gorelick, by her natural mother Leila Gorelick, Lynn N. Schenk, by her natural mother Mildred Schenk, Henry F. Segal, by his natural father David H. Segal, Susan L. Meehin, by her natural father Milton Meehin, Robert Cunningham, by his natural father Charles Cunningham, Nicholas Colacioppo, by his natural mother Beatrice Colacioppo, Thomas H. Czerniewicz, by his natural father John Czerniewicz, Christopher M. Verdino, by his natural father Rudolph Verdino and Barbara L. Karp, by her natural mother Mildred Karp, on behalf of themselves and all those similarly situated, Plaintiffs-Appellees-Cross-Appellants, v. Mario M. CUOMO, as Governor of the State of New York, Thomas A. Coughlin, III, individually and as Commissioner of the Office of Mental Retardation and Developmental Disabilities, Jennifer L. Howse, individually and as Associate Commissioner of the Office of Mental Retardation and Developmental Disabilities and Alan R. Sutherland, individually and as Acting Director of the Suffolk Developmental Center, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 14, 1984.


Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen., State of N.Y., Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Frederick K. Mehlman, Caren S. Brutten, Asst. Attys. Gen., State of N.Y., New York City, for defendants-appellants-cross-appellees.

Murray B. Schneps, Michael S. Lottman, New York City, Herbert B. Newberg, Philadelphia, Pa., for plaintiffs-appellees-cross-appellants.

Before MESKILL, PIERCE and PRATT, Circuit Judges.


PER CURIAM:

On August 10, 1983, the United States District Court for the Eastern District of New York, Weinstein, C.J., entered a memorandum and order in this class action. 572 F.Supp. 1300 (E.D.N.Y.1983). Basing its decision on New York state law and the federal Constitution, the court found that the defendant officials of the State of New York had maintained living conditions at the...

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