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WESTCHESTER ADVOCATES FOR DISABLED ADULTS v. PATAKI

Nos. 1146, 1147, Dockets 96-7884(L), 96-7912(CON).

113 F.3d 394 (1997)

WESTCHESTER ADVOCATES FOR DISABLED ADULTS; Stephen Goodhue; Paul Eiseman; Louis Enker; Roni Enker; Nancy Guiddy; Esteban Silvera; Alicia Silvera; Veronica F. Brophy; Jane Doe; Richard Roe, as parents and guardians of, respectively, Jason Goodhue; Kari Eiseman; Kenneth Enker; John Guiddy; Ricardo Silvera; Thomas Brophy; John Doe; Rachel Roe, Plaintiffs-Appellees, v. George E. PATAKI, as Governor of the State of New York; Andrew O'Rourke, as County Executive of Westchester County; Thomas A. Maul; James L. Stone; Brian Wing, and Mary E. Glass, 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 Commissioner of the Department of Social Services of Westchester County; and Westchester County, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 20, 1997.

Attorney(s) appearing for the Case

William J. Burke, Burke & Stone, New York City (Robert M. Freedman, Freedman & Fish, New York City, Lisa K. Friedman, 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.

Marguerite R. Weiss, Deputy County Attorney, White Plains, NY (Marilyn J. Slatten, Westchester County Attorney, Annette G. Hasapidis Marshall, Deputy County Attorney, White Plains, NY, of counsel), for Defendants-Appellants O'Rourke, Glass, and Westchester County.

Before: OAKES, ALTIMARI, and JACOBS, Circuit Judges.

PER CURIAM.

The defendants, Westchester County and several of its officials, and officials of New York state (respectively, the "County Defendants" and the "State Defendants"), appeal from a preliminary injunction entered on June 21, 1996 in the United States District Court for the Eastern District of New York (Trager, J.) in favor of plaintiffs, six severely disabled adults (as well as their parents and advocates). The preliminary injunction provided that...

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