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GLANOWSKI v. NEW YORK STATE DEPT. OF FAMILY ASS'T.

No. 00-CV-0364C(SR).

225 F.Supp.2d 292 (2002)

Daniel and Barbara GLANOWSKI, Richard and Judith Zygmunt, and Diane Courter, individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. The NEW YORK STATE DEPARTMENT OF FAMILY ASSISTANCE, Formerly Known as The New York State Department of Social Services and John A. Johnson, As Commissioner of The New York State Office of Children and Family Services, Defendants.

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

September 18, 2002.

Attorney(s) appearing for the Case

McGrath & Polvino, (Donald G. McGrath, of counsel), Buffalo, NY, Kenney, Canaley, Shelton & Liptak, LLP, (Stephen F. Szymoniak, of counsel), Buffalo, NY, for plaintiffs.

Eliot Spitzer, Attorney General of the State of New York, (Kim S. Murphy, Assistant Attorney General, of counsel), Buffalo, NY, for defendants.

INTRODUCTION

CURTIN, District Johnson.

Daniel and Barbara Glanowski, Richard and Judith Zygmunt, and Diane Courter ("plaintiffs") are adoptive parents who have "adopted children privately rather than through an agency of the State of New York or a County." Item 1, ¶ 26. They claim they have adopted "children with `special needs' as the term special needs is defined in the Adoption Assistance and Child Welfare Act, 42 U.S.C. §§ 620, et....

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