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STORCK v. SUFFOLK COUNTY DEPT. OF SOCIAL SERVICES

No. CV 97-2880.

62 F.Supp.2d 927 (1999)

Ellen STORCK, Aaron Drew Storck, Courtney Drew, Dana Drew and Joshua Drew, Plaintiffs, v. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Gary Rosenthal, Individually and as an Assistant County Attorney with the Suffolk County Attorney's Office, Arza Feldman, Individually and as the law guardian appointed for the infants Courtney, Dana and Joshua Storck, Andrea McKenzie, Individually and as the law guardian appointed for the infant, Aaron Drew Storck, Heidi Hilton, Individually and as the law guardian appointed for the infant, Aaron Drew Storck, Vivien Misshula, Individually and as a Case Worker employed by the Suffolk County Department of Social Services, Mary Peabody, Individually and as a Case Worker employed by the Suffolk County Department of Social Services, Dr. Mayer Sagy, Individually and as the Chief of Pediatric Intensive Care Unit of Schneider's Childrens Hospital, Dr. Philip Lanzkowski, Individually and as Chief of Staff of Schneider's Childrens Hospital, Dr. Gerald Novack, Individually and as a member of Pediatric Neurology Staff of Schneider's Childrens Hospital, Dr. Laura Nimkoff, Individually and as a Resident of the Pediatric Intensive Care unit of Schneider's Childrens Hospital, Dr. Herbert Schreier, Individually and as a witness for the Suffolk County Department of Social Services, and John Doe and all others as yet unidentified agents of the County of Suffolk, who have acted in violation of the rights of the plaintiffs herein, Defendants.

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

August 11, 1999.

Attorney(s) appearing for the Case

Jeremiah B. McKenna, Staten Island, NY, for plaintiffs.

Robert J. Cimino, Suffolk County Attorney, Jeltje deJong, Assistant County Attorney, Department of Social Services, Gary Rosenthal, Vivien Misshula and Mary Peabody, Hauppauge, NY, for defendants Suffolk County.

Ahmuty, Demers & McManus, Christopher P. Cartier, Albertson, NY, for defendants McKenzie and Hilton.

Feldman & Feldman, Arza Rayches Feldman, Roslyn, NY, for defendant Feldman.

Schaub, Ahmuty, Citrin & Spratt, Todd McCauley, Lake Success, NY, for defendants Sagy, Lanzkowski, Novack and Nimkoff.

McAloon & Friedman, P.C., Theodore Rosenzweig, New York City, for defendant Schreier.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is a civil rights case the facts of which arise out of a New York State Family Court order that removed Aaron Storck from the custody of his mother, plaintiff Ellen Storck. The proceedings that led to Aaron's removal from his mother's custody date back to 1992 when a petition was filed in Suffolk County Family Court charging Ellen Storck with neglect. Briefly stated, the neglect petition charged that...

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