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SINHOGAR v. PARRY

53 N.Y.2d 424 (1981)

Carlos Sinhogar, by His Guardian ad Litem Kenneth Clark, et al., on Their Own Behalf, and on Behalf of All Others Similarly Situated, Appellants-Respondents, v. Carol Parry, Individually and as Assistant Administrator of Special Services for Children, et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided June 18, 1981.

Attorney(s) appearing for the Case

Marcia Robinson Lowry, George Kannar and Maria H. Sandoval for appellants-respondents.

Robert Abrams, Attorney-General (Robert J. Schack and Shirley Adelson Siegel of counsel), for State of New York, respondents-appellants.

Allen G. Schwartz, Corporation Counsel (Marjorie E. Bornes and Ronald E. Sternberg of counsel), for J. Henry Smith, respondent-appellant.

Carolyn A. Kubitschek and Norman Siegel for MFY Legal Services, Inc., amicus curiae.

Charles Schinitsky, Steven G. Asin, Janet R. Fink and Carol Sherman for Legal Aid Society of City of New York, Juvenile Rights Division, amicus curiae.

Judges JASEN, GABRIELLI and WACHTLER concur with Judge JONES; Judge FUCHSBERG dissents in part and votes to modify in a separate opinion in which Chief Judge COOKE and Judge MEYER concur.

JONES, J.

The procedures presently available to both children and their parents to obtain judicial review of out-of-State placement of emotionally disturbed and mentally retarded children meet the requirements of both the Federal and our State Constitutions.

This action was brought as a class action for declaratory and injunctive relief and for damages. Plaintiff Carlos Sinhogar (a pseudonym) is described...

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