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SUFFOLK PARENTS OF HANDICAPPED ADULTS v. WINGATE

No. 2224, Dockets 96-7421, 96-7470, 96-7630.

101 F.3d 818 (1996)

SUFFOLK PARENTS OF HANDICAPPED ADULTS; Irene Hoops; Frank Gatland; Frances Sensale Lenzo; Joyce B. Aron; Lillian Melville Hamid; Margaret Devoe; Jane Doe; Rachel Roe; Lora Hoops; Andrew Gatland; James Sensale; Lourdes Aron; Glenna Hamid; Karen Devoe; Richard Roe, as parents and guardians of, respectively, Lora Hoops; Andrew Gatland; James Sensale; Lourdes Aron; Glenna Hamid; Karen Devoe; John Doe, and Rachel Roe, Plaintiffs-Appellees, v. John B. WINGATE, as Commissioner of the Suffolk County Department of Social Services and Suffolk County; George Pataki, as Governor of the State of New York; Robert J. Gaffney, as County Executive of Suffolk County; Thomas A. Maul; James L. Stone and Brian Wing, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 4, 1996.

As Amended on Denial of Rehearing December 9, 1996.

Attorney(s) appearing for the Case

William J. Burke, New York City, Thomas Coval, Willow Grove, PA (Lisa K. Friedman, New York City, Robert M. Freedman, Freedman & Fish, New York City, of counsel), for Plaintiffs-Appellees.

Amy L. Abramowitz, Assistant Attorney General, New York City (Dennis C. Vacco, Attorney General of the State of New York, Barbara G. Billet, Deputy Solicitor General, New York City, of counsel), for Defendants-Appellants Pataki, Maul, Stone, and Wing.

James M. Catterson, Deputy County Attorney, Hauppauge, NY (Robert J. Cimino, Suffolk County Attorney, Theodore D. Sklar, Thomas M. Merritt, Assistant County Attorneys, Hauppauge, NY, of counsel), for Defendants-Appellants Gaffney, Wingate, and Suffolk County.

Before: MINER, JACOBS, and PARKER, Circuit Judges.

JACOBS, Circuit Judge:

The United States District Court for the Eastern District of New York (Trager, J.) entered a preliminary injunction which provided, inter alia, that (1) defendant Suffolk County must pay for the out-of-state residential care of four severely disabled adults for up to six months, or until they complete an orderly transition to appropriate in-state care; and (2) if any of these four individuals...

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