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MERCADO v. ROCKEFELLER

No. 73 Civ. 498.

363 F.Supp. 489 (1973)

Maria MERCADO, a/k/a Crespo, et al., Plaintiffs, v. Nelson A. ROCKEFELLER, Governor of the State of New York, et al., Defendants.

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

July 11, 1973.

Attorney(s) appearing for the Case

Rena K. Uviller, American Civil Liberties Union, New York City, for plaintiffs; Melvin L. Wulf, Burt Neuborne, American Civil Liberties Union, Paul Chevigny, New York Civil Liberties Union, William E. Hellerstein, New York City, Charles Schinitsky, The Legal Aid Society, Brooklyn, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen., for defendants; Samuel A. Hirshowitz, First Asst. Atty. Gen., Stanley L. Kantor, Deputy Asst. Atty. Gen., of counsel.

OPINION

FRANKEL, District Judge.

Three petitioners (originally "plaintiffs") sue in what is now a habeas proceeding1 for broad determinations that N.Y. Family Court Act § 712(b) (McKinney Supp.1972) is unconstitutional because it (1) is vague and overbroad, (2) punishes a status in violation of the Eighth Amendment, and (3) violates due process in that it restrains liberty without serving any legitimate state purpose. Defendants...

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