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STATE OF N.Y. v. U.S. POSTAL SERVICE

No. 86 Civ. 2853 (JMC).

690 F.Supp. 1346 (1988)

The STATE OF NEW YORK, Cesar A. Perales, as Commissioner of the New York State Department of Social Services, New York State Commission for the Blind and Visually Handicapped, Gary Serrapica, Chester Smalley and Murray Dimon, Plaintiffs, v. UNITED STATES POSTAL SERVICE and Albert Casey, Postmaster General of the United States, Defendants.

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

August 1, 1988.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen., Judith Kaufman, Asst. Atty. Gen., New York City, for State plaintiffs.

Leslie Salzman, New York Lawyers for the Public Interest, New York City, for individual plaintiffs Serrapica, Smalley and Dimon.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., Paula T. Dow, Asst. U.S. Atty., New York City, J. Fred Eggleston, Asst. Gen. Counsel, Chris Klepac, Atty., Legislative Div., U.S. Postal Service, Washington, D.C., for defendants.

CANNELLA, District Judge:

Defendants' motion for judgment on the pleadings is denied. Fed.R.Civ.P. 12(c). The action is stayed pending exhaustion of applicable administrative remedies.

BACKGROUND

This action for declaratory and injunctive relief has been brought by The State of New York, Cesar Perales, in his capacity as Commissioner of the New York State Department of Social Services, the New York State Commission for the Blind and Visually Handicapped...

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