CICERO v. OLGIATI

No. 75 Civ. 2059.

473 F.Supp. 653 (1979)

Paula CICERO, Tammy Colston, Phyllis Hapeman Huber, Helen Lavore, Leroy Glenn, Joseph Jones, Carl Maxie Robinson, Norman Sterling, Leroy E. Wims, Mario F. Ocampo, Lawrence French, Michael Molese, Peter Grubman, Frank E. Generette, John Smith, on behalf of themselves and all others similarly situated, Plaintiffs, v. Ennis J. OLGIATI, Individually and as Chairman of the New York State Board of Parole, William J. Barnwell, Frank L. Caldwell, Maurice F. Dean, Martin Gilbride, Frank A. Gross, Ada Fisher Jones, Milton B. Lewis, John J. Maffucci, Louis Pierro, John J. Quinn, A. Luis Rivera, Individually and as members of the New York State Board of Parole, Benjamin Ward, Individually and as Commissioner of Correctional Services of the State of New York, Defendants.

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

July 5, 1979.


Attorney(s) appearing for the Case

David Rudenstine, New York Civil Liberties Union, New York City, for plaintiffs.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for defendants; A. Seth Greenwald, Asst. Atty. Gen., New York City, of counsel.


LASKER, District Judge.

The State moves to dismiss the complaint in this action as moot. Plaintiffs agree with the State that the issues raised in the complaint are no longer at issue because of legislation which has superseded the statute which the complaint alleged to be unconstitutional. However, plaintiffs seek an award of attorney's fees pursuant to the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. &...

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