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BRAD H. v. CITY OF NEW YORK

117882/99, 1811N,

77 A.D.3d 103 (2010)

906 N.Y.S.2d 535

BRAD H. et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 10, 2010.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Jeffrey S. Dantowitz , Edward F.X. Hart and Drake A. Colley of counsel), for appellants.

Debevoise & Plimpton, LLP, New York City ( Emily O'Neill Slater , Christopher K. Tahbaz , Julie M. Calderon and Matthew Hackell of counsel), New York Lawyers for the Public Interest, Inc., New York City ( Roberta Mueller of counsel), and Urban Justice Center, New York City ( Jennifer J. Parish and Douglas Lasdon of counsel), for respondents.

ANDRIAS and McGUIRE, JJ., concur with SAXE, J.; TOM, J.P., and MANZANET-DANIELS, J., dissent in a separate opinion by TOM, J.P.

OPINION OF THE COURT

SAXE, J.

In August 1999, the named plaintiffs commenced this action on behalf of themselves and other similarly situated mentally ill inmates in New York City jails, seeking injunctive and declaratory relief requiring the City to provide adequate discharge planning services for all members of the class, pursuant to the New York State Constitution, Mental Hygiene Law § 29.15 and 14 NYCRR 587.1 et seq. The parties entered into...

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