BROOKS v. PATAKI

Civil A. No. CV-95-2902 (DGT).

908 F.Supp. 1142 (1995)

Lynda BROOKS; Verna Hobson; Geraldine Bavaro; Harriet Eaton; Jane Doe; and Richard Doe, as parents and guardians of, respectively, Michael Brooks; Theresa Hobson; Lisa Bavaro; Jill Eaton; Joe Doe; and Rachel Roe, Plaintiffs, v. George E. PATAKI, as Governor of the State of New York; Rudolph W. Giuliani, as Mayor of the City of New York; Thomas A. Maul; Joel A. Dvoskin; Mary Glass; Marva Livingston Hammons, as Commissioners of, respectively, the New York State Office of Mental Retardation and Developmental Disabilities; the New York State Office of Mental Health; the New York State Department of Social Services, and the New York City Human Resources Administration, Child Welfare Administration; and New York City, Defendants.

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

November 16, 1995.


Attorney(s) appearing for the Case

William J. Burke, Burke and Stone, New York City, Lisa Klee Friedman, New York City, and Robert M. Freedman, Freedman and Fish, New York City, for Plaintiffs.

Michael Prieto, New York City, for Proposed Intervening Plaintiffs.

Thomas E. Coval, Clover & Coval, Willow Grove, PA, for Woods Services [not a party].

Amy Abramowitz, Assistant Attorney General, NYS Department of Law, New York City, for the State Defendants.

Paul R. Kietzman, Alan M. Adler, New York State Office of Mental Retardation and Developmental Disabilities, Albany, NY, and Bruce Rosenbaum, Assistant Corporation Counsel, New York City Law Department, New York City, for the City Defendants.


MEMORANDUM AND ORDER

TRAGER, District Judge:

This case concerns the care and treatment of about fifty profoundly disabled and medically fragile individuals whose rights under the federal Constitution have been gravely imperiled as the result of an unfortunate funding dispute between the City and the State of New York.

Background

The present action has been brought by eighteen of these individuals and eight others who seek to intervene...

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