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JAMIE B. v. HERNANDEZ

182 Misc.2d 954 (1999)

701 N.Y.S.2d 790

JAMIE B., by His Parent, DIANA B., Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. TINO HERNANDEZ, as Commissioner of the New York City Department of Juvenile Justice, et al., Defendants.

Supreme Court, New York County.

September 8, 1999.

Attorney(s) appearing for the Case

Legal Aid Society (Nancy Rosenbloom, Henry Weintraub and Jennifer Baum of counsel), for plaintiff.

Michael D. Hess, Corporation Counsel of New York City (Jennifer Liddy, Janice Birnbaum, Kerri Jew and Deborah Seidenburg of counsel), for Tino Hernandez, defendant.

Eliot Spitzer, Attorney General (William Toran of counsel), for John Johnson, as Commissioner of New York State Office of Children and Family Services, defendant.

OPINION OF THE COURT

LOUIS B. YORK, J.

Plaintiff brings this action on behalf of himself and a proposed class consisting of all children who are or will be either (1) remanded by a Family Court Judge to nonsecure detention (NSD) or (2) given an "open" remand by a Family Court Judge and determined by the New York City Department of Juvenile Justice (DJJ) to be eligible for nonsecured detention. Defendants DJJ and Tino Hernandez as its Commissioner operate...

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