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THORN v. NEW YORK CITY DEPT. OF SOCIAL SERVICES

Nos. 81 Civ. 2543, 81 Civ. 2760.

523 F.Supp. 1193 (1981)

Marianne THORN, on her own behalf and as parent and legal guardian of Stanley Bethea, a minor, Plaintiff, v. NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, Blanche Bernstein, individually and as Commissioner of The New York City Department of Social Services, Beverly Sanders, individually and as Assistant Commissioner of the New York City Department of Social Services, St. Vincent's Hall, Inc., and Mary Alicia Hatton, individually and as caseworker of St. Vincent's Hall, Inc., Defendants. Stanley BETHEA, by his mother and natural guardian, Marianne Thorn, Plaintiff, v. NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, and St. Vincent's Hall, Inc., Defendants.

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

October 6, 1981.

Attorney(s) appearing for the Case

Norman Siegel, New York City, Dilworth, Paxson, Kalish & Levy, Philadelphia, Pa., for plaintiffs; Carolyn A. Kubitschek, New York City, Carl G. Roberts, Philadelphia, Pa., of counsel.

Allen G. Schwartz, Corp. Counsel, New York City, for defendants, New York City Dept. of Social Services, Bernstein and Sanders; Robert Bergen, and Leslie K. Shedlin, New York City, of counsel.

Clune, White & Nelson, Harrison, N. Y., for defendants, St. Vincent's Hall, Inc., and Hatton.

OPINION AND ORDER

SOFAER, District Judge:

These actions are brought by a mother and her nine-year-old son against New York child-welfare and foster-home personnel. In the mother's suit, Thorn v. New York City Dep't of Social Services, 81 Civ. 2543, defendants have moved to dismiss plaintiff's federal civil rights claims and pendent state claims as time-barred.1 Alternatively, the individual municipal defendants seek summary...

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