MARISOL, BY FORBES v. GIULIANI

Docket No. 96-9132.

104 F.3d 524 (1996)

MARISOL, A., by her next friend, Rev. Dr. James Alexander FORBES, Jr., et al., Plaintiffs-Appellees, v. Rudolph W. GIULIANI, as Mayor of the City of New York, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 10, 1996.

Opinion Filed January 8, 1997.


Attorney(s) appearing for the Case

Marcia Robinson Lowry, Craig Levine, Rebecca Kim Kimura, Karen Freedman, Anne Park, Children Rights, Inc., New York City; Karen Freedman, Gayle Lerner, Lawyers for Children, New York City; Thomas F. Curnin, Landis Best, Serina Vash, Cahill Gordon & Reindel, New York City, for Plaintiffs-Appellees.

Paul A. Crotty, Corporation Counsel of the City of New York, New York City (Francis F. Caputo, Grace Goodman, Stephanie Freeman Goldstein, of counsel), for City Defendants-Appellants.

Dennis C. Vacco, Attorney General of the State of New York, New York City (Robert A. Forte, Michael S. Popkin, Steven M. Connolly, Assistant Attorneys General, of counsel), Barbara G. Billet, Solicitor General, Thomas D. Hughes, Assistant Solicitor General, for State Defendants-Appellants.

Before: FEINBERG, ALTIMARI and PARKER, Circuit Judges.


FEINBERG, Circuit Judge:

In early September 1996, a panel of this court granted the petition of defendants-appellants under 28 U.S.C. § 1292(b) for permission to appeal from an interlocutory order of the United States District Court for the Southern District of New York, Robert J. Ward, J. About 2-1/2 months later, plaintiffs-appellees moved to dismiss the appeal, claiming that this court had not had jurisdiction under § 1292(b) to grant defendants leave...

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