MATHIS v. BESS

No. 85 Civ. 4426 (RPP).

767 F.Supp. 558 (1991)

Homer Aki MATHIS on behalf of himself and on behalf of all others similarly situated, Plaintiffs, v. Thomas J. BESS, as Supervising Court Stenographer, Criminal Court, New York City, Harold J. Reynolds, as Clerk of the Appellate Division of the First Judicial Department of New York; Phillip L. Weinstein, as Attorney-in-Charge, the Criminal Appeals Bureau of the Legal Aid Society of New York; Geoffrey Q. Ralls, as Administrator of the Assigned Counsel Plan; Thomas Coughlin, III as Commissioner of the New York State Department of Correctional Services; Albert M. Rosenblatt, as the Chief Administrative Judge of the State of New York; Donald Oshinsky; Linda Pazzani; Anna L. Bolgier; Joel Machlis; Rose Dunn; Anthony Moscato; Sanford Aranow; Michael Frankel; Peter F. Anderson; and Ruben S. Schofield, Defendants.

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

July 15, 1991.


Attorney(s) appearing for the Case

Davis Polk & Wardwell by Ogden N. Lewis, Steven J. Pappas and Charles E.F. Millard, Jr., New York City, for plaintiffs.

Robert Abrams, Atty. Gen. of State of N.Y., Dept. of Law by Harvey Golubock, New York City, for defendants.


OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

In an Opinion and Order dated May 14, 1991 the Court ruled that defendants Donald Oshinsky, Linda Pazzani, Anna L. Bolgier, Joel Machlis, Rose Dunn, Anthony Moscato, Sanford Aranow and Michael Frankel (collectively "the individual stenographers") were entitled to qualified immunity on plaintiffs' due process claim against them and dismissed that claim. See Mathis v. Bess,

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