SUMNER v. McCALL

No. 87-CV-119 LEK/DRH.

103 F.Supp.2d 555 (2000)

Charles H. SUMNER; Marjorie Marriott Sumner; Robert L. Richardson; Theodore Wettig; Robert Cunningham; Edward J. Tomeny; E.K. Harris; Edward J. Sabol; Frank W. Broadbent; Harry F. Michaels; Beryl Michaels; and Virginia Schafran, Plaintiffs, v. Carl McCALL, as Comptroller of the State of New York; Barbara Andrews, as Acting Treasurer of the State of New York; Thomas Sobol, as Commissioner of Education of the State of New York; Jane G. Gould, Director of the Office for the Aging of the State of New York; Douglas Boettner, Director of Contracts and Expenditures, Office of the New York State Comptroller; Ceasar Peralez, Commissioner of the New York State Department of Social Services; Leonard G. Dunston, Director of the New York State Division for Youth; East Syracuse-Minoa Central School District; East Syracuse-Minoa Board of Education; Anthony Mastrobattisto, as a member of the East Syracuse-Minoa Board of Education; Dennis Helsel, as a member of the East Syracuse-Minoa Board of Education; Terrance O'Brien, as a member of the East Syracuse-Minoa Board of Education; Brian Schaller, as a member of the East Syracuse-Minoa Board of Education; Kenneth Sheehan, as a member of the East Syracuse-Minoa Board of Education; Deborah Tyminski, as a member of the East Syracuse-Minoa Board of Education; John Cowen, as a member of the East Syracuse-Minoa Board of Education; Anne O'Malley, as a member of the East Syracuse-Minoa Board of Education; Peter Monteleone, as a member of the East Syracuse-Minoa Board of Education; The Franciscan Academy, of Syracuse, New York; Greater Rochester Community of Churches; Catholic Charities of Diocese of Albany, Inc.; Seton Center Downtown and Seton Center — Prospect Recess, a/k/a Seton Catholic Family and Community Services; Little Flower Children's Services, of Brooklyn, New York; Madonna Heights Services, Burrs, Inc., a/k/a Madonna Heights Services; St. Gregory the Great Community Service Center, Inc.; Saint Sebastian Boys Brigade Camp, Inc.; St. Thomas Acquinas College, at Sparkill, New York; Our Lady of Lourdes, Melverne, New York; St. Stanislaus Kosta School, Maspeth, New York; Refuge Temple of Christ, Buffalo, New York; St. Peter's Day Care, Peekskill, New York; Hollywood Baptist Church of Christ; Suffolk Association for Jewish Educational Services; East Ramapo School District, Spring Valley (Rockland County), New York; Oyster Bay — East Norwich County School District, Nassau County, New York; Dobbs Ferry Union Free School District, Westchester County, New York; New York City Board of Education, New York County, New York; and Albany City School District, Albany County, New York, Defendants, and John Calareso and Thomas Quaresima, Intervenor-Defendants. East Syracuse-Minoa Central School District; East Syracuse-Minoa Board of Education; John Cowen; Anne O'Malley; and Peter Monteleone, Cross-Claimants, v. Carl McCall; Barbara Andrews; Thomas Sobol; Jane G. Gould; Douglas Boettner, Ceasar Peralez; Leonard G. Dunston; East Ramapo School District; Oyster Bay — East Norwich County School District; Dobbs Ferry Union Free School District; New York City Board of Education; and Albany City School District, Cross-Defendants.

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

June 8, 2000.


Attorney(s) appearing for the Case

Boothby & Yingst, Washington, DC (Lee Boothby, of counsel), Office of Robert Epstein, Rochester, NY (Robert Epstein, of counsel), for the plaintiffs.

Hon. Eliot L. Spitzer, Attorney General of the State of New York, Albany, NY (Assistant Attorneys General, Howard L. Zwickel, James B. McGowan, of counsel), for state defendants and cross-defendants.

O'Hara & O'Connell, Syracuse, NY (Dennis G. O'Hara, James P. Evans, of counsel), for East Syracuse-Minoa defendants and cross-claimants.

Costello Cooney & Fearon, LLP, Syracuse, NY (Donald L. Nicholas, of counsel), for defendant The Franciscan Academy (Sisters of the Third Franciscan Order).

Nixon Peabody, LLP, Rochester, NY (David M. Schraver, of counsel), for defendant Greater Rochester Community of Churches (formerly known as Genesee Ecumenical Ministries).

Tobin and Dempf, Albany, NY (Michael L. Costello, of counsel), for defendants Catholic Charities of the Diocese of Albany, and other defendants, and intervenor-defendants John Calareso and Thomas Quaresima.

Bishop Robert Sanders, Buffalo, NY, for defendant Refuge Temple of Christ.

Westchester Community Opportunity Program, Inc., Elmsford, NY (Susan Gibney, of counsel), Bozeman & Trott, LLP, Mount Vernon, NY (Bruce L. Bozeman, of counsel), St. Peter's Community Outreach, c/o Mr Paul Turnley, Peekskill, NY, for defendant St. Peter's Day Care.

Blumberg, Cherkoss, Fitz Gibbons & Blumberg, Amityville, NY (H. Lee Blumberg, of counsel), for defendant Hollywood Baptist Church of Christ.

Debbie Friedman or David I. Rosenberg, Commack, NY, for defendant Suffolk Association for Jewish Educational Services (formerly known as Suffolk Association of Jewish Schools).

Greenberg, Wanderman & Fromson, Spring Valley, NY (Stephen M. Fromson, of counsel), for defendant and cross-defendant East Ramapo School District.

Cammarata & Cronin, LLP, Oyster Bay, NY (James Cammarata, of counsel), for defendant and cross-defendant Oyster Bay — East Norwich County School District.

Shaw & Perelson, L.L.P., Poughkeepsie, NY (Stephen A. Perelson, of counsel), for defendant and cross-defendant Dobbs Ferry Union Free School District.

New York City Law Department, Office of the Corporation Counsel, New York City (Naomi Fern Sheiner, of counsel), for defendant and cross-defendant New York City Board of Education.

Ruberti, Girvin & Ferlazzo, P.C., Albany, NY (Christopher P. Langlois, Jeffrey D. Honeywell, of counsel), for defendant and cross-defendant Albany City School District.


MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

Now before the Court are motions for reconsideration of the Court's 30 September 1999 Memorandum-Decision and Order ("Order" (Doc.259)). In that Order the Court denied New York City Board of Education's ("NYCBOE") motion for summary judgment (Def.'s Notice Mot. (Doc. 181, 27 May 1998)), denied New York State Defendants' ("State") motion for summary judgment (Notice Mot. (Doc. 189, 28 May 1998)),...

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