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PARENT v. NEW YORK

Nos. 6:09-CV-233, 6:10-CV-1361.

786 F.Supp.2d 516 (2011)

John PARENT, individually and as natural parent of Child "A" and Child "B," and on behalf of parents similarly situated, also known as Leon R. Koziol, Plaintiffs, v. State of NEW YORK; Jonathan Lippman, individually and as Chief Administrative Officer of the New York Unified Court System; Unified Court System of the State of New York; John W. Grow, individually and as State Court Judge; Charles C. Merrell, individually and as Family Court Judge; George S. Getman, individually and as Support Magistrate; Michael Daley, individually and as Acting Judge for the State of New York; Justices of the Appellate Division, Fourth Department; Fifth Judicial District Grievance Committee; Mary Gasparini, individually and as investigator/attorney for the Grievance Committee; Sheryl Crankshaw, individually and as investigator for the Grievance Committee; Kathleen Sebelius, Secretary of Health and Human Services for the United States; David J. Swarts, individually and as Commissioner of Motor Vehicles for the State of New York; Brian J. Wing, individually and as Commissioner of the Office of Temporary and Disability Assistance for the State of New York; Lucille Soldato, individually and as Commissioner of the Oneida County Support Collection Unit; Darlene Chudyk, individually and as "Investigator" for Oneida County; Jane Doe, individually and as "Custodial Parent" for the State of New York; Keith Eisenhut; William Koslosky, individually and as "Attorney for the Child" for the State of New York; and Martha Walsh-Hood, individually and as Acting State Court Judge, Defendants. Leon R. Koziol, individually and as natural parent of Child "A" and Child "B," and on behalf of parents similarly situated, Plaintiffs, v. Jonathan Lippman, individually and as Chief Administrative Officer of the New York Unified Court System; New York Unified Court System; State of New York; John W. Grow, individually and as State Supreme Court Judge; Charles Merrell, individually and as Family Court Judge; George S. Getman, individually and as Support Magistrate; Michael Daley, individually and as Acting Judge; Justices of the Appellate Division Third/Fourth Departments; Fifth Judicial District Grievance Committee; Gregory Huether, individually and as Chief Counsel/Complainant of the Fifth Judicial District; Mary Gasparini, individually and as investigator/attorney for the Fifth District; Kathleen Sebelius, U.S. Secretary of Health and Human Services; Brian J. Wing, individually and as Commissioner of the Office of Temporary and Disability Assistance; David J. Swarts, as Commissioner of Motor Vehicles; Lucille Soldato, individually and as Commissioner of the Oneida County Department of Social Services; Darlene Chudyk, individually and as "Investigator" for Oneida County; Kelly Hawse-Koziol, individually and as "Custodial Parent" for the State of New York; Keith Eisenhut; William Koslosky, individually and as the state's "Attorney for the Child"; Martha Walsh-Hood, individually and as Acting Judge; C. Duncan Kerr, individually and as Deputy Tax Commissioner; Donna Costello, Charlotte Kiehle and unknown enforcement agents of the state, County of Oneida and New Hartford Police; County of Oneida; and Town of New Hartford, Defendants.

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

May 24, 2011.

Attorney(s) appearing for the Case

John Parent , Utica, NY, Plaintiff Pro se.

Leon R. Koziol , Utica, NY, Plaintiff Pro se.

Eric T. Schneiderman , Attorney General for the State of New York, Of Counsel: Christopher W. Hall, Esq. , Megan M. Brown, Esq. , Assistant Attorneys General, Albany, NY, Attorneys for Defendants State of New York, Lippman, Unified Court System, Grow, Merrell, Getman, Swarts, Wing, Daley, Justices of the Appellate Division Fourth Department, Fifth Judicial District Grievance Committee, Huether, Gasparini, Crankshaw, and Walsh-Hood.

Gorman, Waszkiewicz, Gorman & Schmitt, Of Counsel: Bartle J. Gorman, Esq. , Utica, NY, Attorneys for Defendants Soldato, Chudyk, and County of Oneida.

Sugarman Law Firm, Of Counsel: Paul V. Mullin, Esq. , Syracuse, NY, Attorneys for Defendant Town of New Hartford.

Costello, Cooney & Fearon, PLLC, Of Counsel: Jennifer L. Nuhfer, Esq. , Paul G. Ferrara, Esq. , Christopher G. Todd, Esq. , Syracuse, NY, Attorneys for Defendants Eisenhut and Koslosky.

Richard S. Hartunian , United States Attorney, Of Counsel: Charles E. Roberts, Esq. , Ass't United States Attorney, Syracuse, NY, Attorneys for Defendant Sebelius.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

                                  TABLE OF CONTENTS

INTRODUCTION..............................................................524

BACKGROUND................................................................526

LEGAL STANDARDS...........................................................526
    Motion to Dismiss.....................................................526
    Motion...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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