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MARTARELLA v. KELLEY

No. 71 Civ. 3159.

349 F.Supp. 575 (1972)

Robert MARTARELLA, by his next friend and Law Guardian Charles Schinitsky, et al., Plaintiffs, v. Florence KELLEY, Administrative Judge, and The Family Court Judges of the State and City of New York, et al., Defendants.

United States District Court, S. D. New York.

October 16, 1972.

Attorney(s) appearing for the Case

Charles Schinitsky, The Legal Aid Society, Brooklyn, N. Y., for plaintiffs; James D. Silbert, and Mara T. Thorpe, Brooklyn, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for defendants; Samuel A. Hirshowitz, First Asst. Atty. Gen., Maria L. Marcus, and John G. Proudfit, New York City, of counsel.

J. Lee Rankin, Corp. Counsel, New York City, for defendant Sugarman; Yvette Harmon, New York City, of counsel.

LASKER, District Judge.

The rapid urbanization of the United States in this century and the heavy influx of the poor to the cities in the last two decades have produced a numerous class of children whose conduct, although not criminal in character or legal designation, results in their incarceration.

Robert Martarella and his fellow plaintiffs1 are members of that group —alleged or adjudicated to be "Persons In Need of Supervision...

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