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

No. 417, Docket 78-6072.

596 F.2d 27 (1979)

NEW YORK STATE ASSOCIATION FOR RETARDED CHILDREN, INC., et al., and Patricia Parisi, et al., Appellees, v. Hugh L. CAREY, Individually and as Governor of the State of New York, et al., Appellants, United States of America, Amicus Curiae.

United States Court of Appeals, Second Circuit.

Decided March 1, 1979.

Attorney(s) appearing for the Case

Robert S. Hammer, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, William A. Carnahan, Deputy Commissioner and Counsel, Paul F. Stavis, Deputy Counsel, Margaret M. Corcoran, Atty., Paul Litwak, Deputy Counsel, New York State Dept. of Mental Hygiene, Clarence J. Sundram, Asst. Counsel to the Governor, Albany, of counsel), for appellants.

Michael S. Lottman, Willowbrook Review Panel, Newark, N. J. (Murray B. Schneps, New York City, of counsel), for appellee Willowbrook Review Panel.

Jack Bernstein, Protection and Advocacy System for Developmental Disabilities, Inc., New York City, for appellee New York State Ass'n for Retarded Children, Inc.

Christopher A. Hansen, New York Civil Liberties Union, New York City (Kalman Finkel, Legal Aid Society, Civil Div., John Kirklin, Director of Litigation, Carol Kellerman, Legal Aid Society, Civil Appeals and Law Reform Unit, New York City), for Appellee Class Members.

Before MANSFIELD and OAKES, Circuit Judges, and POLLACK, District Judge.

OAKES, Circuit Judge:

This appeal, on first view, might be thought to involve the power of a federal court to order a state facility for the retarded to hire additional staff at expense to the public fisc in order to meet court-imposed requirements. Upon further analysis, however, the appeal is from a limited order appurtenant to a rather complex organizational structure for the operation of the facility. The structure itself was established by the parties in a Consent...

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