WILDER v. BERNSTEIN

No. 896, Docket 90-7698.

944 F.2d 1028 (1991)

Shirley WILDER; Thomas Edwards, and Sharon Rodwell; Barry Parker; by his mother and next friend, Madeline Butler; Robin Herbert, by her mother and next friend; Nancy Herbert; Shedrick Roberts, by his mother and next friend; Annie Robert; Christopher Torian, by his mother and next friend; Lillian Torian, on their own behalf and on behalf of all others similarly situated; Dr. Kenneth Clark, Rev. Howard Moody, Dr. Richard Cloward, Mildred Davis, Plaintiffs, v. Blanche BERNSTEIN, individually and as Administrator of the New York City Human Resources Administration; the City of New York; the New York City Department of Social Services; Barbara Blum, individually and as Commissioner of the New York State Department of Social Services; Beverly Sanders, individually and as Administrator of Special Services for Children; Carol Parry; Elizabeth Beine; Linda Marino, individually and as Director of the Office of Allocations and Accountability of Special Services for Children; Arthur Levitt, as comptroller of the State of New York; Harrison J. Goldin; as Comptroller of the City of New York; Paula Rabinow, individually and as Director of the Joint Planning Service; Sandra Howard, individually and as Super-visor of the Central Referral Unit; Sister Mary Francene, individually and as Administrator of the Angel Guardian Home; Sister Sheila, individually and as Executive Administrator of Astor Home for Children; Fred Apers, individually and as Executive Director of Cardinal Hayes Home for Children; John DeMartino, individually and as Executive Director of Cardinal McCloskey School and Home for Children; James P. O'Neill, individually and as Executive Director of Catholic Guardian Society; Catherine White, individually and as Director of Catholic Guardian Society of the Diocese of Brooklyn; Sister Una McCormack, individually and as Executive Director of Catholic Home Bureau for Dependent Children; Dr. Jerome Goldsmith, individually and as Executive Director President of Jewish Board of Guardians; Abe Lavine, individually and as Executive Vice President of Jewish Child Care Association of NY; Jacob Trobe; Brother Brendan Breen, individually and as Administrator of Lincoln Hall; Brother Christopher Foley; Ralph Chilion, individually and as Director of Little Flower Children's Services; Sister Rosalie McNaughton, individually and as Executive Director of McMahon Services for Children; Sister Mary James, individually and as Administrator of Madonna Heights School for Girls; Kenneth A. Miller, individually and as Director of Maimonides Residential Centers; Isaac Maizes; Sister Mary Chrysostom, individually and as Administrator of Mercy Home for Children; Bathsheva Mandel, individually and as Director of Mishkon B'Nai Y'Israel; Monsignor Edmund F. Fogarty, individually and as Executive Director of Mission of the Immaculate Virgin; Sister Marian Cecilia Schneider, individually and as Executive Director of the New York Foundling Hospital; Lester Kaufman, Individually and as Executive Director of Ohel Children's Home; Hugh Wallace, individually and as Residence Director of Pius XII school; Brother Robert Fontaine; Denie Barry, individually and as Executive Director of St. Agatha Home for Children; Rosemary A. Sheridan, individually and as Executive Director of St. Cabrini Home Inc.; Robert J. McMahon, individually and as Executive Director of St. Christopher's Home; Sister Mary Patrick, individually and as Executive Director of St. Dominic's Home; Sister Mary Sheila, individually and as Director of St. Germaine's Home; Brother Thomas Trager, individually and as Executive Director of St. John's Residence and School for Boys; Sister Rita Meaney, individually and as Administrator of St. Joseph's Children Services; Sister Marita Paul, individually and as Executive Director of St. Joseph's Home of Peekskill; Sister Mary Oliva, individually and as Administrator of St. Mary's of the Angels Home; Emanuel J. Starace, individually and as Executive Director of St. Michael's Home; Sister Della Mae Quinn, R.S.M.; Rev. Robert M. Harris, individually and as Administrator of St. Vincent's Hall; Joseph Altheimer, individually and as Administrator of Sister of the Good Shepherd Residences, Defendants-Appellants, Abbott House, Berkshire Farm Center & Services for Children, Brooklyn Home for Children, Brookwood Child Care, Episcopal Mission Society, Green Chimneys Children's Service, Heartsease Home, Inc., Inwood House, Lakeside School, Louise Wise Services, Lutheran Community Services, Puerto Rican Family Association, St. Christopher-Jennie Clarkson Child Care Services, Sheltering Arms Childrens Service, Society for Seamen's Children, Spence-Chapin Services to Children, Talbot Perkins Children's Services, the Children's Aid Society, and the Children's Village, Intervenors-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 24, 1991.


Attorney(s) appearing for the Case

Elizabeth Dvorkin, New York City (Victor A. Kovner, Corp. Counsel of the City of New York, Stephen J. McGrath, Francis F. Caputo, of counsel), for defendants-appellants.

Donald J. Cohn, New York City (Bruce Topman, Webster & Sheffield, Stephen Wise Tulin, Polier, Tulin, Clark & Zalk, of counsel), for intervenors-appellees.

Before OAKES, Chief Judge, and CARDAMONE and WALKER, Circuit Judges.


CARDAMONE, Circuit Judge:

We again visit the controversy regarding New York City's scheme for providing child care services to foster children who require placement in institutions and foster homes. Before us is an appeal by the City of New York (City or appellant) from a June 29, 1990 order of the United States District Court for the Southern District of New York (Ward, J.) awarding $355,388.85 in attorney's fees to appellees-intervenors, a group of 19 private child...

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