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COLSON ON BEHALF OF COLSON v. SILLMAN

No. 85-CV-1815A.

852 F.Supp. 1183 (1992)

Ann Marie COLSON, on behalf of her infant daughter, Laura COLSON; Darryl Battaglia, Valerie White, individually and on behalf of all others similarly situated, Plaintiffs, v. Eugene SILLMAN, as Medical Director of Erie County; David Bogdan, as Supervisor of Erie County's Physically Handicapped Children's Program; Donald B. Thomas, as Commissioner of the Erie County Department of Health; Fe A. Cardona, as Director of the Special Children Services, Bureau of Child Health, New York State Department of Health; and David Axlerod, as Commissioner of the New York State Department of Health, Defendants.

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

December 9, 1992.

Attorney(s) appearing for the Case

James Sheldon, Jr., Neighborhood Legal Services, Inc., Buffalo, NY, for plaintiffs.

Andrew Lipkind, Asst. Atty. Gen. (Robert Abrams, Atty. Gen., State of N.Y., of counsel), Buffalo, NY, for defendants Axelrod and Cardona.

Alan P. Gerstman, Asst. County Atty. (Patrick H. NeMoyer, Erie County Atty., of counsel), Buffalo, NY, for defendants Bogdan, Sillman and Thomas.

DECISION AND ORDER

ARCARA, District Judge.

INTRODUCTION

Plaintiffs brought this action seeking declaratory, injunctive and monetary relief against defendants for alleged procedural and substantive deficiencies in the administration of the Erie County Physically Handicapped Childrens' Program ("PHCP"). The alleged deficiencies concern defendants' failure to provide program applicants with timely written notice of the outcome of their application...

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