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ORZECHOWSKI v. PERALES

153 Misc.2d 464 (1992)

Kenneth Orzechowski et al., Plaintiffs, v. Cesar Perales, as Commissioner of the New York State Department of Social Services, et al., Defendants.

Supreme Court, New York County.

February 14, 1992

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Judy Nathan of counsel), for Cesar Perales, defendant. O. Peter Sherwood, Corporation Counsel (Ira J. Lipton and James Girillo of counsel), for City of New York, defendant. Mendes & Mount (Joseph A. Deliso of counsel), for New York Foundling Hospital, Inc., defendant. O'Melveny & Myers (Martin Glenn, Robert M. Hayes, Achilles M. Perry and Scott M. Salant of counsel), for plaintiffs.

ALICE SCHLESINGER, J.

In this action the plaintiffs seek declaratory and injunctive relief, and damages for violation of their constitutional rights. The basis of the challenge is that the defendants' administration of the religious matching provisions of the adoption laws (Family Ct Act § 116 [e]) is unconstitutional.

Before the court are motions by the defendants to dismiss this action for failure...

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