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FETTERUSSO v. STATE OF N.Y.

No. 87 Civ. 2566 (KTD).

715 F.Supp. 1272 (1989)

Frank C. FETTERUSSO, Otto Hoffendiener and Leonard Giardiana, Plaintiffs, v. STATE OF NEW YORK; New York State Office of Mental Health, Defendants.

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

July 19, 1989.

Attorney(s) appearing for the Case

Sussman & Sussman, Yonkers, N.Y., Michael H. Sussman, of counsel, for plaintiffs.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, Yolanda M. Pizarro, Robert L. Schonfeld, Asst. Attys. Gen., of counsel, for defendants.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

Plaintiffs Fetterusso, Hoffendiener, and Giardiana, involuntary committees to the custody of defendant New York State Office of Mental Health ("OMH"), bring this action pursuant to 42 U.S.C. § 1983 (1982) complaining that their obligation to contribute to the cost of their care and maintenance pursuant to the N.Y. Mental Hyg. Law § 43.03(c) (McKinney 1988) violates their constitutional...

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