PENA v. NEW YORK DIV. FOR YOUTH

No. 1077, Docket 82-7876.

708 F.2d 877 (1983)

Joe PENA, on his behalf and on behalf of all others similarly situated, namely those children confined to and paroled from the Training Schools in the State of New York, Plaintiffs-Appellees, v. NEW YORK STATE DIVISION FOR YOUTH; Frank Shaughnessy, Superintendent, Brookwood Annex to the Hudson State Training School for Girls; A. Alfred Cohen, Superintendent, Warwick State Training School for Boys; Benjamin J. Hill, Superintendent, Otisville State Training School for Boys; Sidney Zirin, Superintendent, Tryon School for Boys; John E. Costello, Superintendent, State Agricultural and Industrial School; Thomas E. Tunney, Superintendent, New York State Training School for Girls; Harold R. Bissett, Director, Troy Branch of the Girls' Training School; Frederick S. Appleton, Superintendent, Highland Training School for Children; Joseph B. Robinson, Director, Overbrook Center for Children; Frederick R. Allen, Director, South Kortright Branch of the Boys' Training Schools and Norman Catlett, Director, Annex of the Boys' Training Schools, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 25, 1983.

As Corrected May 31, 1983.


Attorney(s) appearing for the Case

Howard L. Zwickel, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., George D. Zuckerman, Asst. Sol. Gen., Amy Juliver, Asst. Atty. Gen., New York City, of counsel), for defendants-appellants.

Henry S. Weintraub, New York City (Lenore Gittis, The Legal Aid Soc. Juvenile Rights Div., Steven G. Asin, Janet R. Fink, New York City, of counsel), for plaintiffs-appellees.

Before LUMBARD, WINTER and PRATT, Circuit Judges.


PER CURIAM:

The New York State Division for Youth ("DFY") appeals from Chief Judge Motley's order granting plaintiffs' motion to enforce the terms of a stipulation executed by the parties in 1976 and denying DFY's motion to clarify the stipulation.

This appeal arises from a class action instituted in November 1970 by the plaintiff Pena, who was civilly adjudicated a juvenile delinquent in 1964 and was transferred in 1968 to the Goshen Annex for Boys, a maximum...

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