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PHILIPP v. CAREY

No. 80-CV-508.

517 F.Supp. 513 (1981)

Daniel PHILIPP, a mentally retarded citizen, by his sister and next friend Shirley Stone; Virginia Hains, a mentally retarded citizen, by her mother and next friend, Ann Hains; Francis Wilbur; Kathy Swartz, an infant, by her mother and next friend Bridget Swartz, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. Hugh L. CAREY, Governor of the State of New York; James E. Introne, Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities; Michael Dillon, Director of the Syracuse Developmental Center, Syracuse, New York, Defendants.

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

As Amended October 3, 1981.

Attorney(s) appearing for the Case

Onondaga Neighborhood Legal Services, Inc., Syracuse, N.Y., Monroe County Legal Assistance Corporation, Greater Upstate Law Project, Rochester, N.Y., for plaintiffs; Christina M. Pezzulo, Syracuse, N.Y., Betsy B. Swain, Elizabeth L. Schneider, Rochester, N.Y., of counsel.

Robert Abrams Atty. Gen. of the state of N. Y., Albany, N.Y., for defendants; James G. McSparron, David B. Roberts, Alan M. Adler, Albany, N.Y., of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

The Syracuse Developmental Center [SDC] is a 560 bed, state-owned mental health care facility in Syracuse, New York. Persons are confined at SDC by one of three means. First, some individuals are involuntarily confined pursuant to court order. N.Y. Mental Hygiene Law § 15.27. Second, in many instances an individual, or his parent, guardian, or committee, may request admittance. N.Y. Mental Hygiene Law...

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