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DISABILITY RIGHTS NEW YORK v. NEW YORK

Docket No. 17-2812-cv August Term 2018.

916 F.3d 129 (2019)

DISABILITY RIGHTS NEW YORK, Plaintiff-Appellant, v. State of NEW YORK, New York State Unified Court System, Janet DiFiore, as Chief Judge of the New York State Unified Court System, Lawrence K. Marks, as Chief Administrative Judge of the New York State Unified Court System, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 15, 2019.

Attorney(s) appearing for the Case

Jennifer J. Monthie ( Lara H. Weissman , on the brief), Disability Rights New York, Albany, New York, for Plaintiff-Appellant.

Mark S. Grube , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Steven C. Wu , Deputy Solicitor General, on the brief), for Letitia James, Attorney General for the State of New York, New York, New York, for Defendants-Appellants.

Before: Cabranes, Lynch, and Chin, Circuit Judges.

Article 17A of the New York Surrogate's Court Procedure Act (the "SCPA") governs guardianship proceedings in New York State Surrogate's Court for individuals with intellectual and developmental disabilities. The statute was enacted in 1969 to permit the appointment of parents or other interested persons as guardians for individuals...

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