SUPPORT MINISTRIES FOR PERSONS WITH AIDS, INC., People of the State of New York by Robert Abrams, Attorney General of the State of New York, and Mary Jo Bane as Commissioner of the New York State Department of Social Services, Plaintiffs,
v.
VILLAGE OF WATERFORD, NEW YORK, Francis Falcone, Mayor, Anne Morrissey, Trustee, Merle Doud, Trustee, and Terry Coloney, Trustee, as the Village Board of the Village of Waterford, and Kenneth H. Smith, Mary Ann Kelts, William Coffey, and Marge Artt, as the Zoning Board of Appeals of the Village of Waterford, Defendants.
United States District Court, N.D. New York.https://leagle.com/images/logo.png
December 4, 1992.
December 4, 1992.
Attorney(s) appearing for the Case
De Graff, Foy, Holt-Harris & Mealey (James T. Potter, of counsel), Albany, NY, for plaintiff Support Ministries for Persons With AIDS, Inc.
Robert Abrams, Atty. Gen. of the State of N.Y. (Sanford M. Cohen, Donna I. Dennis, Robert R. Reed, of counsel), New York City, for plaintiffs Robert Abrams and Mary Jo Bane.
Donohue, Sabo, Varley & Armstrong, P.C. (Kenneth G. Varley, of counsel), Albany, NY, for defendants.
Kathleen M. Resnick, Albany, NY, for amicus curiae New York Civ. Liberties Union.
Isabelle M. Thabault, Harvey L. Handley III, Housing and Civ. Enforcement Section, Civ. Rights Div., Dept. of Justice, Washington, DC, for amicus curiae U.S.
United States District Court, N.D. New York.
MEMORANDUM — DECISION AND ORDER
RALPH W. SMITH, Jr., United States Magistrate Judge.
Plaintiffs bring this action pursuant to 42 U.S.C. §§ 1983 and 3601 et seq.1 They seek declaratory, injunctive, and monetary relief to redress alleged arbitrary and unlawful discrimination by defendants on the basis of handicap as defendants have refused to allow plaintiff Support Ministries for Persons With AIDS, Inc. (hereinafter...
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