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SOC. FOR GOOD WILL TO RETARDED CHILDREN v. CUOMO

No. 134, Docket 87-7037.

832 F.2d 245 (1987)

SOCIETY FOR GOOD WILL TO RETARDED CHILDREN, INC., Russell Cohen, by his natural father Milton Cohen, Audrey Rothstein by her natural mother Paula Rothstein, Donald William Fearing by his natural father George Fearing, Susan Feibusch by her natural father Philip Feibusch, Lisa Gorelick by her natural mother Leila Gorelick, Lynn N. Schenk by her natural mother Mildred Schenk, Henry F. Segal by his natural father David H. Segal, Susan L. Meehin by her natural father Milton Meehin, Robert Cunningham by his natural father Charles Cunningham, Nicholas Colacioppo by his natural mother Beatrice Colacioppo, Thomas H. Czerniewicz by his natural father John Czerniewicz, Christoher M. Verdino by his natural father Rudolph Verdino and Barbara Karp, on behalf of themselves and all those similarly situated, Plaintiffs-Appellants, v. Mario M. CUOMO, as governor of the State of New York, Thomas A. Coughlin, III, Individually and as Commissioner of the Office of Mental Retardation and Developmental Disabilities, Jennifer L. Howse, Individually and as Associate Commissioner of the Office of Mental Retardation and Developmental Disabilities and Alan R. Sutherland, Individually and as Acting Director of the Suffolk County Developmental Center, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 2, 1987.

Attorney(s) appearing for the Case

Michael S. Lottman, Riverhead, N.Y. (Scheinberg, Schneps, DePetris & DePetris, Murray B. Schneps, of counsel), for plaintiffs-appellants.

Caren S. Brutten, New York City Asst. Atty. Gen. of the State of New York (Robert Abrams, Atty. Gen. of the State of New York, Lawrence S. Kahn, Deputy Sol. Gen., New York City, of counsel), for defendants-appellees.

Before PRATT and ALTIMARI, Circuit Judges, and FRANK A. KAUFMAN, District Judge, United States District Court for the District of Maryland, sitting by designation.

PER CURIAM:

In Society for Good Will to Retarded Children, Inc., v. Cuomo, 737 F.2d 1239 (2d Cir.1984), this court vacated the district court's order of August 10, 1983, 572 F.Supp. 1300 (Weinstein, Chief Judge), and held that, while most of that 1983 order might be supported by federal law, parts of it could not. Because, after the district...

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