MILLER v. SILBERMANN

No. 89 Civ. 3573 (SWK).

951 F.Supp. 485 (1997)

John MILLER, Kings Heights Associates, Linda Bloom, Michael Laub, Gunilla Knutson, Mann Realty Associates, 22-24 Elliot Associates Ltd., and Carol Management Corporation, on behalf of themselves and a class consisting of all others similarly situated, and the Rent Stabilization Association of N.Y.C., Inc., Plaintiffs, v. Jacqueline SILBERMANN, individually and as Administrative Judge of The New York City Civil Court, Israel Rubin, individually and as former Administrative Judge of the New York City Civil Court, Albert Rosenblatt, individually and as Chief Administrator of the Courts, Milton L. Williams, Administrative Judge for the New York City Courts, Jack Baer, individually and as Chief Clerk of the New York City Civil Court, Sol Wachtler, individually and as former Chief Judge of the Unified Court System, Richard D. Simons, individually and as Acting Chief Judge of the Unified Court System, various Judges of the New York City Civil Court, and various administrative officers denominated as "Judges" of the Housing Part of Civil Court, Defendants.

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

January 22, 1997.


Attorney(s) appearing for the Case

Law Offices of Michael G. Berger, New York City by Michael G. Berger, Susan Standish, for Plaintiffs.

Michael Colodner, New York City by John Eiseman, John J. Sullivan, for Defendants.

Legal Services of New York City, New York City by Andrew Scherer, David Robinson, Brooklyn Legal Services, Corp. B, Brooklyn, NY by John C. Gray, Jr., Ronald Languedoc, Alicia Glen, MFY Legal Services, Inc., New York City by Steven Myers, Susan M. Cohen, Northern Manhattan Improvement Corp., New York City by Kenneth Rosenfeld, for Intervenor-Defendant City-Wide Task Force On Housing Court.

The Legal Aid Society, New York City by Helaine Barnett, Scott A. Rosenberg, Judith Goldiner, Collin Bull, April Newbauer, Marlen Bodden, Lisa Landau, Joan Magones, David W. Weschler, New York City by David W. Weschler, Catharine A. Grad, for Intervenor-Defendant 588 Park Place Tenants Ass'n.

Finder, Novick, Kerrigan & Anderson, New York City by Andrea Novick for Intervenor-Defendant Metropolitan Council On Housing Court.


MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

In this civil rights action brought under 42 U.S.C. § 1983, defendants move, pursuant to Federal Rule of Civil Procedure 12(c), for judgment on the pleadings dismissing the amended complaint. For the reasons set forth below, defendants' motion is granted.

BACKGROUND1

The New York State legislature established the Civil Court of the City of...

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