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DURYEA v. MAUL

No. 95 Civ. 8789(CM)(MDF).

70 F.Supp.2d 352 (1999)

Howard C. DURYEA, for himself and all others similarly situated, Plaintiff, v. Thomas A. MAUL, as Commissioner, New York State Office of Mental Retardation and Developmental Disabilities; New York State Office of Mental Retardation and Developmental Disabilities; Frederick J. Zazycki, as Executive Director, Letchworth Village/Westchester Developmental Disability Services Organization a/k/a Westchester Developmental Disabilities Services Organization; Letchworth Village/Westchester Developmental Disability Services Organization a/k/a Westchester Developmental Disability Services Organization; Barbara A. Hawes; James Whitehead; and James Shea, Defendants.

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

October 8, 1999.

Attorney(s) appearing for the Case

William David Frumkin, Sapir & Frumkin, White Plains, NY, for plaintiff.

Richard J. Cardinale, State of New York, Office of the Attorney General, Michael Oliver Hueston, Dennis C. Vacco, Attorney General of the State of NY, New York City, for defendants.

MEMORANDUM DECISION AND ORDER GRANTING CLASS CERTIFICATION AND DENYING ALL PENDING MOTIONS FOR SUMMARY JUDGMENT

McMAHON, District Judge.

I have reviewed the Report and Recommendation of the Hon. Mark D. Fox, to whom this matter was referred, and the objections filed by both sides in response thereto. I thank Judge Fox and his law clerks for their diligent work on what was an extremely complicated and extremely lengthy set of motion papers.

As I disagree...

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