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U.S. v. CITY OF YONKERS

No. 80 Civ. 6761 (LBS).

888 F.Supp. 591 (1995)

UNITED STATES of America, Plaintiff, and Yonkers Branch, NAACP, et al., Plaintiff-Intervenors, v. CITY OF YONKERS, Yonkers Community Development Agency, Yonkers Board of Education, Defendants, and U.S. Department of Housing and Urban Development, Samuel Pierce, Secretary, Added-Defendants, and The State of New York; Mario Cuomo, as Governor of the State of New York; the Board of Regents of the State of New York; Martin C. Barell, R. Carlos Carballada, Adelaide L. Sanford, Willard A. Genrich, Emlyn I. Griffith, Jorge L. Battista, Lora Bradley Chodos, Louise P. Matteoni, Edward Meyer, Floyd S. Linton, Salvadore Sclafini, Mimi Levin Lieber, Shirley C. Brown, Norma Gluck, Thomas Frey and James McCabe, Sr., in their official capacities as members of the State Board of Regents; The Department of Education of the State of New York; Thomas Sobol, as Commissioner of Education of the State of New York; and The Urban Development Corporation of the State of New York and Vincent Tese, as Director of the Urban Development Corporation, Added-Defendants.

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

June 14, 1995.

Attorney(s) appearing for the Case

Michael H. Sussman, Goshen, NY, for plaintiff-intervenors NAACP.

Dennis C. Vacco, Atty. Gen. of the State of N.Y., New York City, Harvey J. Golubock, Howard L. Zwickel, Marion R. Buchbinder, Stephen Jacoby, Barry S. Schaevitz, of counsel, for New York State defendants.

Hogan & Hartson, Washington, DC, Steven J. Routh, Daniel B. Kohrman, Paul A. Minorini, of counsel, and Anderson Banks Moore Curran & Hollis, Mt. Kisco, NY, Lawrence W. Thomas, of counsel, for Yonkers Bd. of Educ. of the City of Yonkers.

Whiteside & Fitzpatrick, Birmingham, AL, Raymond P. Fitzpatrick, Jr., David P. Whiteside, of counsel, for City of Yonkers.

OPINION

SAND, District Judge.

In an Opinion dated March 27, 1995, this Court concluded that the State of New York, the State Board of Regents, and various other State education officials (collectively, "the State"), as well as the Urban Development Corporation, were not liable under 42 U.S.C. § 1983 for the conditions of unlawful de jure segregation that the Court had previously found to exist in the Yonkers Public School System. See United...

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