SHARWLINE NICHOLSON, on Behalf of Herself, Her Infant Children, DESTINEE B. and Another, and All Others Similarly Situated, et al., Respondents,
v.
NICHOLAS SCOPPETTA, Individually and as Commissioner of Administration for Children's Services, et al., Appellants, et al., Defendants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 7, 2004.
Decided October 26, 2004.
Attorney(s) appearing for the Case
Michael A. Cardozo, Corporation Counsel, New York City (Alan G. Krams, Leonard Koerner, Jonathan Pines, Martha A. Calhoun, Carolyn Wolpert and Kristin M. Helmers of counsel), for appellants.
Lansner & Kubitschek, New York City (David J. Lansner and Carolyn A. Kubitschek of counsel), and Sanctuary for Families, Center for Battered Women's Legal Services (Jill M. Zuccardy of counsel), for Subclass A respondents.
Legal Aid Society, Juvenile Rights Division, New York City (Judith Waksberg and Monica Drinane of counsel), and Lawyers For Children, Inc. (Karen Freedman of counsel), for Subclass B respondents.
Greenberg Traurig LLP, New York City (Alan Mansfield, Stephen L. Saxl, Hilary Ames and Jae J. Kim of counsel), for National Coalition Against Domestic Violence and others, amici curiae.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Washington, D.C. (Michael C. Bisignano of counsel), for National Network to End Domestic Violence, Inc., and others, amici curiae.
Suzanne E. Tomkins, Buffalo, for New York State Coalition Against Domestic Violence and others, amici curiae.
Arent Fox PLLC, Washington, D.C. (Evan Stolove, Janine Carlan, Jennifer Myron and Marcy L. Karin of counsel), for Pennsylvania Coalition Against Domestic Violence and others, amici curiae.
Deborah A. Widiss, New York City, Christina Brandt-Young and Jennifer K. Brown for Legal Momentum and others, amici curiae.
Piper Rudnick LLP, Easton, Maryland (Ray L. Earnest of counsel), for Appellate Advocacy Network and others, amici curiae.
Yisroel Schulman, New York City, and Kim Susser for New York Legal Assistance Group and others, amici curiae.
Wilbur McReynolds, amicus curiae.
Legal Aid Society, Cleveland, Ohio (Alexandra M. Ruden of counsel), and Michael R. Smalz, Columbus, Ohio, for Ohio Domestic Violence Network and another, amici curiae.
Paul Chill, Hartford, Connecticut, for Joseph L. Woolston and others, amici curiae.
Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
Chief Judge KAYE.
In this federal class action, the United States Court of Appeals for the Second Circuit has certified three questions centered on New York's statutory scheme for child protective proceedings. The action is brought on behalf of mothers and their children who were separated because the mother had suffered domestic violence, to which the children were exposed, and the children...
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