JOEL A. v. GIULIANI

Docket No. 99-7218

218 F.3d 132 (2000)

JOEL A., Michael D., Eric R., David S., Maxx R., and Ray D., Intervenor-Plaintiffs-Appellants, Marisol A., by her next friend, Rev. Dr. James Alexander Forbes, Jr., by her next friend Raymunda Cruz, Lawrence B., by his next friend, Dr. Vincent Bonagura, Thomas C., by his next friend, Dr. Margaret T. McHugh, Shauna D., by her next friend, Nedda de Castro, Ozzie E., by his next friends, Jill Chaifetz and Kim Hawkins, Darren F., David F., by their next friends, Juan A. Figueroa, and Rev. Marvin J. Owens, Bill G., Victoria G., by their next friend, Sister Dolores Gartanutti, Brandon H., by his next friend, Thomas H. Moloney, Steven I., by his next friend, Kevin Ryan, on their own behalf and behalf of all others similarly situated, Walter S., Richard S., by their next friends, W.N. and N.N., grandparents, Danielle J., by her next friend, Angela Lloyd, Plaintiffs-Appellees, v. Rudolph W. GIULIANI, Mayor of the City of New York, Marva Livingston Hammons, Administrator of the Human Resources Administration and Commissioner of the Dept. of Social Services of the City of New York, George E. Pataki, Governor of the State of New York, John Johnson, Commissioner of the New York Office of Children and Family fka Commissioner of the Dept. Social Services of the State of New York, Nicholas Scoppetta, in his official capacity as Commissioner of the New York City Administration for Children's Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 10, 2000.


Attorney(s) appearing for the Case

Marc Falcone, Paul, Weiss, Rifkind, Wharton & Garrison (Daniel J. Leffell, Mariann Meier Wang, Tobias B. Wolff, Victoria Cook, Paul, Weiss, Rifkind, Wharton & Garrison, and Douglas Lasdon, David Pumo, Urban Justice Center, on the brief), New York, New York, for Intervenor-Plaintiffs-Appellants.

Grace Goodman, Assistant Corporation Counsel (Larry A. Sonnenshein, Gail Rubin, Michael D. Hess, Corporation Counsel of the City of New York, on the brief), New York, New York, for Municipal Defendants-Appellees.

William Bristow, Assistant Attorney General (Preeta D. Bansal, Solicitor General, Judith T. Kramer, Assistant Attorney General, Michael S. Belohlavek, Assistant Attorney General, Eliot Spitzer, Attorney General of the State of New York, on the brief), New York, New York, for State Defendants-Appellees.

Marcia Robinson Lowry, Children's Rights, Inc. (Susan Lambiase, Shirim Nothenberg, Children's Rights, Inc., and Karen Freedman, Lawyers for Children, Thomas F. Curnin, Ira J. Dembrow, Cahill Gordon & Reindel, David M. Brodsky, Jess A. Velona, Schulte Roth & Zabel LLP, on the brief), New York, New York, for Plaintiffs-Appellees.

Richard J. Davis, Weil, Gotshal & Manges LLP (Harris J. Yale, Janet L. Goldberg, Weil, Gotshal & Manges LLP, on the brief), New York, New York, for Amici Curiae The Judge David L. Bazelon Center for Mental Health Law, The National Center for Youth Law, Support Center for Child Advocates, Youth Law Center, Dean Bogart R. Leashore, Dean Thomas M. Meenaghan, Dean Ronald Feldman, Dean Mary Ann Quaranta, Dean Sheldon R. Gelman, Dean Roger A. Levin, and Dean Frances L. Brisbane in support of Appellees' Opposition to Intervenor's Appeal.

Before: WALKER, CABRANES, and SACK, Circuit Judges.


JOHN M. WALKER, JR., Circuit Judge:

Intervenor-Plaintiffs-Appellants Joel A., Michael D., Eric R., David S., Maxx R., and Ray D. (the "Joel A. objectors" or "the appellants") appeal from an order and judgment of the United States District Court for the Southern District of New York (Robert J. Ward, District Judge) that approved a class action settlement between the class action plaintiff children and officials of New...

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