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MOE v. DINKINS

Nos. 520, 630, Dockets 81-7588, 81-7636.

669 F.2d 67 (1982)

Maria MOE, Raoul Roe, Ricardo Roe, an infant, by his father Raoul Roe, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants-Cross-Appellees, and Cristina Coe and Pedro Doe, on behalf of themselves and all other persons similarly situated, Plaintiffs-Intervenors-Appellants-Cross-Appellees, v. David DINKINS, individually and as City Clerk of New York City, on behalf of himself and all town and city clerks in New York State, Defendants, and David Axelrod, individually and as New York State Commissioner of Health, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 11, 1982.

Attorney(s) appearing for the Case

Janet M. Calvo, New York City (Amy L. Beckett, Marjorie E. McAboy, Peter A. Triandafilou, Washington Square Legal Services, Inc., New York City, on the brief), for plaintiffs-appellants-cross-appellees and plaintiffs-intervenors-appellants-cross-appellees.

Robert J. Schack, Asst. Atty. Gen. of the State of New York, New York City (Robert Abrams, Atty. Gen. of the State of New York, George D. Zuckerman, Asst. Sol. Gen. of the State of New York, New York City, of counsel), for defendants-appellees-cross-appellants.

Before MOORE, KAUFMAN and VAN GRAAFEILAND, Circuit Judges.

PER CURIAM:

Maria Moe, Raoul Roe, Ricardo Roe, Cristina Coe and Pedro Doe (hereinafter "Moe"), on behalf of themselves and others similarly situated, appeal (1) from an order and judgment entered by Judge Motley granting defendants' motion for summary judgment and dismissing Moe's complaint, and (2) from her order denying Moe's motion for certification of a subclass of out-of-wedlock children whose parents are barred from...

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