CITY OF NEW YORK v. MAUL

No. 65

14 N.Y.3d 499 (2010)

929 N.E.2d 366

903 N.Y.S.2d 304

CITY OF NEW YORK et al., Plaintiffs, v. THOMAS A. MAUL, as Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, Defendant. L.J. et al., on Behalf of Themselves and Others Similarly Situated, Intervenors-Respondents, v. JOHN B. MATTINGLY, as Commissioner, New York City Administration for Children's Services, Appellant, et al., Defendant.

Court of Appeals of New York.

Decided May 6, 2010.


Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Drake A. Colley , Edward F.X. Hart , Alan H. Kleinman and Joshua P. Rubin of counsel), for appellant.

Patterson Belknap Webb & Tyler LLP, New York City ( Catherine A. Williams and Lisa E. Cleary of counsel), New York Lawyers for Public Interest ( Roberta Mueller of counsel) and Lawyers for Children, Inc. ( Karen Freedman and Betsy Kramer of counsel) for respondents.

Bryan Cave LLP, New York City ( Eric Rieder , R. Joshua Bliss , Adam Rosen and Megan Awerdick of counsel), for Advocates for Children of New York and others, amici curiae.

Gibson, Dunn & Crutcher LLP, New York City ( Randy M. Mastro , Richard A. Bierschbach , Aaron Simowitz and Lauren Sager of counsel), and Legal Aid Society, Juvenile Rights Practice ( Steven Banks , Tamara A. Steckler , Judith Waksberg , Nancy Rosenbloom and Karen Fisher Gutheil of counsel) for Legal Aid Society of New York, amicus curiae.

Stephen J. Acquario , General Counsel, New York State Association of Counties, Albany ( Robert W. Gibbon of counsel), for New York State Association of Counties, amicus curiae.

Judges CIPARICK, PIGOTT and JONES concur with Judge GRAFFEO; Judge SMITH dissents and votes to reverse in a separate opinion in which Judge READ concurs; Chief Judge LIPPMAN taking no part.


OPINION OF THE COURT

GRAFFEO, J.

We conclude that the Appellate Division did not abuse its discretion in affirming a Supreme Court order granting class action certification under CPLR article 9 to plaintiffs, a group of developmentally disabled children and young adults who are or have been in New York City's foster care system. We therefore affirm the Appellate Division order.

I.

This appeal...

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