DeSTEFANO v. EMERGENCY HOUSING GROUP, INC.

Docket No. 99-9146.

247 F.3d 397 (2001)

Joseph M. DeSTEFANO, as taxpayer of the County of Orange, State of New York, and of the State of New York, and in his official capacity as Mayor of Middletown, Plaintiff-Appellant, City of Middletown, New York, Plaintiff, v. EMERGENCY HOUSING GROUP, INC., Joseph Rampe, County Executive of the County of Orange, New York, County of Orange, New York, Jean Somers Miller, Commissioner of the New York State Department of Mental Health, Brian Wing, Commissioner of the New York State Department of Social Services, State of New York and Glenn S. Goord, Commissioner of the New York State Department of Correctional Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided: April 20, 2001.

Errata Filed: May 7, 2001.


Attorney(s) appearing for the Case

Robert N. Isseks, Middletown, NY, for Plaintiff-Appellant.

David Lawrence III, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, Edward D. Johnson, Deputy Solicitor General, and Mark Gimpel, Assistant Solicitor General, of counsel), New York, NY, for Defendants-Appellees.

Before McLAUGHLIN, SACK, and KATZMANN, Circuit Judges.


SACK, Circuit Judge:

Plaintiff-Appellant Joseph M. DeStefano, Mayor of Middletown, New York, and a New York State taxpayer, appeals from a judgment of the United States District Court for the Southern District of New York (Colleen McMahon, Judge). DeStefano brought the underlying action pursuant to 42 U.S.C. § 1983 claiming that the allocation of New York State tax revenues to a private alcoholic treatment facility that includes Alcoholics Anonymous (...

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