CANNADY v. VALENTIN

No. 1416, Docket 85-7361.

768 F.2d 501 (1985)

Daisy CANNADY, Lucy Roman, Melinda Panell, Teresa Rodriguez, and Rebecca Booker, on behalf of themselves and their children and other dependent minors in their care, and on behalf of all others similarly situated, and the Coalition for the Homeless, Plaintiffs-Appellants, v. Gladys VALENTIN and Ronald Eric Wright, on behalf of themselves and their children and other dependent minors in their care, and on behalf of all others similarly situated, Proposed Intervenors, Appellants, v. Edward I. KOCH, as Mayor of the City of New York, George S. Gross, as Commissioner of the New York Human Resources Administration, and Cesar A. Perales, as Commissioner of the New York State Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 7, 1985.


Attorney(s) appearing for the Case

Jay Greenfield, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, Robert M. Hayes, Coalition for the Homeless, Washington Square Legal Services, New York City, of counsel), for plaintiffs-appellants and proposed intervenors-appellants.

Antonia Levine, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel, Leonard Koerner, Susan D. Wagner, Susan Elsen, Asst. Corp. Counsel, New York City, of counsel), for defendants-appellees Koch and Gross.

Howard L. Zwickel, New York City (Robert Abrams, Atty. Gen. of the State of New York, Lillian Z. Cohen, Asst. Atty. Gen., of counsel, New York City), for defendant-appellee Perales.

Before VAN GRAAFEILAND and PRATT, Circuit Judges, and RE, Chief Judge of the United States Court of International Trade, sitting by designation.


PER CURIAM:

The sole question before us is whether the district court, 608 F.Supp. 1460, abused its discretion in staying this action pending resolution of a pending state court action, McCain, et al. v. Koch et al., 127 Misc.2d 23, 484 N.Y.S.2d 985 (Sup.Ct.N.Y.Co.).

BACKGROUND

Plaintiffs, five homeless families with children and a not-for-profit corporation representing...

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