MATHIS v. BESS

No. 85 Civ. 4426 (RPP).

761 F.Supp. 1023 (1991)

Homer Aki MATHIS on behalf of himself and on behalf of all others similarly situated, Plaintiff, 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.

March 28, 1991.


Attorney(s) appearing for the Case

Davis Polk & Wardwell, New York City (Charles E.F. Millard, Jr., Steven J. Pappas, Frederick Kessler, Ogden N. Lewis, of counsel, for plaintiff.

Robert Abrams, Atty. Gen. of the State of N.Y., Dept. of Law, New York City by Harvey Golubock, and Winthrop, Stimson, Putnam & Roberts, New York City by Peter H. Kaminer, Thomas F. Clauss, Jr., for defendants.


OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Defendant moves for judgment on the pleadings and plaintiff moves to file a second amended complaint in this § 1983 class action, commenced by plaintiff pro se on June 10, 1985, seeking injunctive, declaratory and monetary relief from defendants who he alleges were responsible for the six-year delay in his state criminal appeal.1 The facts underlying plaintiff...

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