U.S. v. YONKERS BD. OF EDUC.

No. 534, Docket 89-6184.

893 F.2d 498 (1990)

UNITED STATES of America, Plaintiff, and Yonkers Branch-National Association for the Advancement of Colored People, Regina Ryer, a Minor, by her Mother and Next Friend Charlotte Ryer, on Behalf of Themselves, and all Individuals Similarly Situated, Plaintiffs-Intervenors-Appellees, v. YONKERS BOARD OF EDUCATION, Defendant-Appellee, City of Yonkers and Yonkers Community Development Agency, Defendants, and U.S. Department of Housing and Urban Development, Samuel Pierce, Secretary, Added-Defendants, and The State of New York; Mario Cuomo, as Governor of the State of New York; The Board of Regents of the State of New York; Martin C. Barell, R. Carlos Carballada, Adelaide L. Sanford, Willard A. Genrich, Emlyn I. Griffith, Jorge L. Battista, Lora Bradley Chodos, Louise P. Matteoni, Edward Meyer, Floyd S. Linton, Salvadore Sclafini, Mimi Levin Lieber, Shirley C. Brown, Norma Gluck, Thomas Frey and James McCabe, Sr., in their official capacities as members of the State Board of Regents; The Department of Education of the State of New York; Thomas Sobol, as Commissioner of Education in the State of New York and The Urban Development Corporation of the State of New York and Vincent Tese, as Director of the Urban Development Corporation, Added-Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 8, 1990.


Attorney(s) appearing for the Case

Michael H. Sussman, Yonkers, N.Y., for plaintiffs-intervenors-appellees.

Elliot M. Mincberg, Washington, D.C. (Maurice Curran, Lawrence W. Thomas, Anderson, Banks, Moore, Curran & Hollis, Mount Kisco, N.Y., David S. Tatel, Steven J. Routh, Bethany E. Lorenz, Nancy J. Taylor, Hogan & Hartson, Washington, D.C., on the brief), for defendant-appellee.

Michael W. Sculnick, New York City (Vedder, Price, Kaufman, Kammholz & Day, New York City, on the brief), for defendant City of Yonkers.

Marion R. Buchbinder, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., State of N.Y., Lawrence S. Kahn, Deputy Sol. Gen., Harvey Golubock, Deputy First Asst. Atty. Gen., Stephen M. Jacoby, Asst. Atty. Gen., New York City, on the brief), for added-defendants-appellants.

Before OAKES, Chief Judge, KEARSE and ALTIMARI, Circuit Judges.


KEARSE, Circuit Judge:

Defendants State of New York ("State"), State agencies, and individual State officials (collectively the "State defendants") appeal from an interlocutory order of the United States District Court for the Southern District of New York, Leonard B. Sand, Judge, denying their motion to dismiss the claims asserted against them by plaintiffs Yonkers Branch of the National Association for the Advancement of Colored People, et al. (collectively...

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