N. Y. S. ASS'N FOR RETARDED CHILDREN v. CAREY

Nos. 72-C-356, 72-C-357.

456 F.Supp. 85 (1978)

NEW YORK STATE ASSOCIATION FOR RETARDED CHILDREN, INC., et al., and Patricia Parisi et al., Plaintiffs, v. Hugh L. CAREY, Individually and as Governor of the State of New York, et al., Defendants, United States of America, Amicus Curiae. Thomas A. COUGHLIN III, Individually and as Deputy Commissioner of the New York State Department of Mental Hygiene, Petitioner, v. The CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., and Ronnie A. Smith, appearing on behalf of himself and others similarly situated, Respondents.

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

June 7, 1978.


Attorney(s) appearing for the Case

Christopher A. Hansen, Mental Health Law Project, New York City, Kalman E. Finkel, Legal Aid Society Civil Appeals & Law Reform Unit, New York City, Carol Kellermann, New York City, of counsel, Jack Bernstein, George M. Heymann, Protection and Advocacy System for Developmental Disabilities, Inc., New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendants; Robert S. Hammer, Asst. Atty. Gen., New York City, of counsel.

LeBoeuf, Lamb, Leiby & MacRae, New York City, Taylor R. Briggs, New York City, of counsel, for Thomas A. Coughlin, III and Alvin M. Mesnikoff.

Roemer & Featherstonhaugh, Albany, for respondents; Pauline F. Rogers, James D. Featherstonhaugh, Albany, of counsel.

William A. Carnahan, Paul F. Stavis, Margaret M. Corcoran, Paul Litwak, Albany, for New York State Dept. of Mental Hygiene.

Jackson, Lewis, Schnitzler & Krupman, New York City, for United Cerebral Palsy; Anthony H. Atlas, New York City, of counsel.


BARTELS, District Judge.

This is an ancillary proceeding arising out of an original suit under 42 U.S.C. § 1983 by mentally retarded residents of Willowbrook Developmental Center1 against officials of the State of New York and the Department of Mental Hygiene (Department).2 The ancillary complaint was filed by officials of the Department against the Civil Service Employees Association, Inc. (union), which...

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