CITY OF NEW YORK et al., Plaintiffs,
v.
THOMAS A. MAUL, as Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, Defendant.
L.J. et al., on Behalf of Themselves and Others Similarly Situated, Intervenors-Respondents,
v.
JOHN B. MATTINGLY, as Commissioner, New York City Administration for Children's Services, Appellant, et al., Defendant.
Court of Appeals of New York.https://leagle.com/images/logo.png
Stephen J. Acquario , General Counsel, New York State Association of Counties, Albany ( Robert W. Gibbon of counsel), for New York State Association of Counties, amicus curiae.
Judges CIPARICK, PIGOTT and JONES concur with Judge GRAFFEO; Judge SMITH dissents and votes to reverse in a separate opinion in which Judge READ concurs; Chief Judge LIPPMAN taking no part.
Court of Appeals of New York.
OPINION OF THE COURT
GRAFFEO, J.
We conclude that the Appellate Division did not abuse its discretion in affirming a Supreme Court order granting class action certification under CPLR article 9 to plaintiffs, a group of developmentally disabled children and young adults who are or have been in New York City's foster care system. We therefore affirm the Appellate Division order.
I.
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