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MARTARELLA v. WILLIAMS

No. 71 Civ. 3159(MEL).

558 F.Supp. 109 (1983)

Robert MARTARELLA, by his next friend and law Guardian, Charles Schinitsky, et al., Plaintiffs, v. Hon. Joseph B. WILLIAMS, Administrative Judge of the Family Court, The Family Court Judges of the City and State of New York; Frank Hall, in his official capacity as Director of the New York State Division for Youth; New York State Division For Youth; Paul A. Strasburg, in his official capacity as the Commissioner of Juvenile Justice and head of the New York City Department of Juvenile Justice; and New York City Department of Juvenile Justice, Defendants.

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

March 3, 1983.

Attorney(s) appearing for the Case

Lenore Gittis, The Legal Aid Society, Juvenile Rights Div., New York City, for plaintiffs; Steven G. Asin, Janet R. Fink, New York City, of counsel.

Robert Abrams, Atty. Gen., State of N.Y., New York City, for State defendants; Florence E. Abrams, Asst. Atty. Gen., New York City, of counsel.

Frederick A.O. Schwarz, Jr., Corp. Counsel, New York City, for Municipal defendants; Antonia Levine, Asst. Corp. Counsel, New York City, of counsel.

LASKER, District Judge.

In 1972 this Court held that children designated as Persons In Need of Supervision ("PINS"), who were being held at various juvenile facilities including Spofford Juvenile Center ("Spofford"), have a constitutional right to treatment as a "quid pro quo" for New York City's exercise of parens patriae control over them. See Martarella v. Kelley, 349 F.Supp. 575 (S.D.N.Y. 1972); Martarella...

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