Case: John S. v. Cuomo

5:90-cv-00294 | U.S. District Court for the Northern District of New York

Filed Date: March 14, 1990

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On March 14, 1990, attorneys for the Legal Services of Central New York filed a class action lawsuit pursuant to 42 U.S.C. §1983 on behalf of residents with intellectual disabilities of New York State psychiatric centers at Mohawk Valley, Hutchings and Binghamton in the U.S. District Court for the Northern District of New York. Plaintiffs alleged that the facilities at Mohawk Valley, Binghamton and Hutchings, as psychiatric centers, were not staffed or otherwise prepared to provide services, …

On March 14, 1990, attorneys for the Legal Services of Central New York filed a class action lawsuit pursuant to 42 U.S.C. §1983 on behalf of residents with intellectual disabilities of New York State psychiatric centers at Mohawk Valley, Hutchings and Binghamton in the U.S. District Court for the Northern District of New York. Plaintiffs alleged that the facilities at Mohawk Valley, Binghamton and Hutchings, as psychiatric centers, were not staffed or otherwise prepared to provide services, programs or training to persons with intellectual disabilities. Defendants included the state of New York and officials from the New York State Office of Mental Health ("OMH") and State Office of Mental Retardation and Developmental Disabilities ("OMRDD"). Plaintiffs sought declaratory and injunctive relief.

Attorneys for the Public Interest Law Firm of Syracuse University Law College and Prisoners' Legal Services also assisted in the representation of plaintiffs.

Our information as to the procedural history of the case is very limited. According to the PACER docket, the District Court (Senior Judge Neal P. McCurn) approved the Stipulation for Settlement of Class Action on April 15, 1999. On August 2, 1999, the District Court issued a Memorandum Decision and Order, awarding plaintiffs' attorneys' fees and costs $179,290.68. John S. v. Cuomo, 1999 WL 592693 (N.D.N.Y. July 29, 1999).

We have no further information on this matter.

Summary Authors

Dan Dalton (4/14/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/10716925/parties/s-v-cuomo/


Judge(s)

McCurn, Neal Peters (New York)

Attorneys(s) for Plaintiff

Fuller, Sarah Betsy (New York)

Goldenberg, Elizabeth (New York)

Golinker, Lewis (New York)

Kanter, Arlene S. (New York)

Kelly, Paul F. (New York)

McKay, George H. (Arizona)

Stanczak, Frederick M. (Pennsylvania)

Young, Susan M. (New York)

Attorneys(s) for Defendant

Freshour, Richard J. (New York)

Judge(s)

McCurn, Neal Peters (New York)

Attorneys(s) for Plaintiff

Fuller, Sarah Betsy (New York)

Goldenberg, Elizabeth (New York)

Golinker, Lewis (New York)

Kanter, Arlene S. (New York)

Kelly, Paul F. (New York)

McKay, George H. (Arizona)

Stanczak, Frederick M. (Pennsylvania)

Young, Susan M. (New York)

Attorneys(s) for Defendant

Freshour, Richard J. (New York)

Ratner, Judith I. (New York)

Spitzer, Eliot (New York)

Voninski, John R. (New York)

Documents in the Clearinghouse

Document

5:90-cv-00294

Docket (PACER)

Aug. 2, 1999

Aug. 2, 1999

Docket
1

5:90-cv-00294

Complaint

March 14, 1990

March 14, 1990

Complaint

02-00002

Correspondence

Dec. 20, 1996

Dec. 20, 1996

Correspondence
73

5:90-cv-00294

Memorandum-Decision and Order

1999 WL 592693, 1999 U.S.Dist.LEXIS 12209

July 29, 1999

July 29, 1999

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10716925/s-v-cuomo/

Last updated Aug. 9, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 01674 ; Service deadline 5/14/90 for John R. Scott, for Dwight Rhodes, for Richard M. Heath, for Elin Howe, for Richard C. Surles, for Mario Cuomo (lmp) (Entered: 08/09/1991)

March 14, 1990

March 14, 1990

PACER
5

ORDER granting leave to proceed anonymously ( signed by Chief Judge Neal P. McCurn ) (lmp) (Entered: 08/09/1991)

March 22, 1990

March 22, 1990

PACER
6

ORDER appointing Guardian Ad Litem ( signed by Chief Judge Neal P. McCurn ) (lmp) (Entered: 08/09/1991)

March 22, 1990

March 22, 1990

PACER
8

ANSWER to Complaint by Richard C. Surles, Richard M. Heath, Dwight Rhodes, John R. Scott (Attorney John R. Voninski), (lmp) (Entered: 08/09/1991)

May 15, 1990

May 15, 1990

PACER
9

ANSWER to Complaint by Elin Howe (Attorney John R. Voninski), (lmp) (Entered: 08/09/1991)

May 15, 1990

May 15, 1990

PACER
10

ANSWER to Complaint by Mario Cuomo (Attorney John R. Voninski), (lmp) (Entered: 08/09/1991)

May 15, 1990

May 15, 1990

PACER
17

ANSWER by Mario Cuomo, Richard C. Surles, Elin Howe, Richard M. Heath, Dwight Rhodes, John R. Scott to amended complaint (lmp) (Entered: 08/09/1991)

Nov. 30, 1990

Nov. 30, 1990

PACER
20

AMENDED COMPLAINT by John S., John R., Bonnie H. Shoultz, Patricia R., Mary Alice B.,amends [1-1] complaint (lmp) (Entered: 08/09/1991)

Dec. 20, 1990

Dec. 20, 1990

PACER
22

Rule 16 Scheduling Order Issued. Joining of Parties Deadline 10/19/90 ; Amending of Pleadings Deadline 10/19/90 ; Discovery Deadline 11/1/91 ; Motion Filing Deadline 1/15/92 ( Signed by Chief Judge P. McCurn ) (lmp) (Entered: 08/09/1991)

March 11, 1991

March 11, 1991

PACER
25

STIPULATION AND ORDER certifying action as a class action ( signed by Chief Judge Neal P. McCurn ) (lmp) (Entered: 08/09/1991)

May 7, 1991

May 7, 1991

PACER
26

REQUEST by Atty. Kanter and ORDER, reset Answers to second set of Interrogatories deadline to 10/14/91 ( signed by Chief Judge Neal P. McCurn ) (lmp) (Entered: 09/20/1991)

Sept. 19, 1991

Sept. 19, 1991

PACER
27

Amended Rule 16 Scheduling Order Issued. Preferred Trial Location: Syracuse, NY, Ready for trial by 5/16/92, Joining of Parties Deadline 10/19/90 ; Amending of Pleadings Deadline 10/19/90 ; Discovery 4/1/92 ; Motion Filing Deadline 5/15/92 ( Signed by Chief Judge Neal P. McCurn ) (lmp) (Entered: 11/20/1991)

Nov. 20, 1991

Nov. 20, 1991

PACER
28

Third amended Rule 16 Scheduling Order Issued. Joining of Parties Deadline 10/19/90 ; Amending of Deadline 10/19/90 ; Discovery Deadline 8/1/92 ; Motion Filing Deadline 9/15/92 ( Signed by Chief Judge Neal P. McCurn ) (bjw) (Entered: 04/06/1992)

April 1, 1992

April 1, 1992

PACER
29

MOTION by John S., John R., Bonnie H. Shoultz, Patricia R., Mary Alice B. to Compel the Production of Documents, Affidavit of Susan M. Young, Esq., Proposed Order; Hearing set for 10:00 7/28/92, Response Deadline 7/14/92, Reply to Response Deadline 7/21/92 (fce) (Entered: 07/07/1992)

July 6, 1992

July 6, 1992

PACER
30

MEMORANDUM by John S., John R., Bonnie H. Shoultz, Patricia R., Mary Alice B. in support of [29-1] motion to Compel the Production of Documents (fce) (Entered: 07/07/1992)

July 6, 1992

July 6, 1992

PACER
31

ORDER withdrawing [29-1] motion to Compel the Production of Documents, set Pretrial Conference for 4:30 8/5/92, Albany, NY ( signed by Chief Judge Neal P. McCurn ) (fce) (Entered: 07/14/1992)

July 14, 1992

July 14, 1992

PACER
35

LETTER from Judge McCurn dtd 7/29/92 scheduling conference for 8/5/92, 4:30 p.m., Albany, NY, re: contested discovery issues; responses filed by 8/3/92 (fce) (Entered: 08/19/1992)

July 29, 1992

July 29, 1992

PACER
32

LETTER MEMORANDUM to Judge McCurn from Atty Ratner dtd 7/30/92 (fce) (Entered: 07/31/1992)

July 30, 1992

July 30, 1992

PACER
33

Rule 16 Scheduling Order Issued. Estimated trial length days, Preferred Trial Location:, Ready for trial by, Joining of Parties Deadline 10/19/90 ; Amending of Pleadings Deadline 10/19/90 ; Discovery Deadline 12/31/92 ; Motion Filing Deadline 3/1/93 ( Signed by Chief Judge Neal P. McCurn ) (bac) (Entered: 08/03/1992)

July 31, 1992

July 31, 1992

PACER
34

Minute entry: PT Conf. - Pltfs' attys. to review medical records first & provide list of patients; Defts' attys. to provide incident reports for said list; if Pltf's attys. can't get information from medical reports, attys. to come back to Court for further relief; Atty. Hallack to advise Court & Pltfs' attys. in writing regarding method of record keeping at 3 institutions & effort required to produce incident reports; Pltfs' attys. to prepare proposed order regarding supervision of PILF students & confidentiality. APP: Susan Young, Frederick Stanczak & Paul Kelly for Pltfs.; Judith Ratner & Nancy Hallack of Ofc. of Mental Health for Defts. STENO: None (Law Clerk - DEM) (lmp) (Entered: 08/06/1992)

Aug. 5, 1992

Aug. 5, 1992

PACER

Pre-trial conference held (lmp)

Aug. 5, 1992

Aug. 5, 1992

PACER
36

ORDER ( signed by Chief Judge Neal P. McCurn, 9/4/92 ): (1) Both co-counsel to plaintiffs shall have access to the names of the class members, their clinical records, incident reports pertaining to class members and to any and all other information or materials which may be obtained throughtout the course of this litigation; (2) Plaintiffs' counsel shall keep confidential all names of class members and the information contained in thier clinical records and incident reports; (3) Law students associated with P.I.L.F. shall act under the supervision of P.I.L.F. supervising attorney and co-counsel L.S.C.N.Y. and shall also keep the above information confidential; (4) P.I.L.F. students shall be accompanied by and act under the supervision of at least one of plaintiff's attorneys while reviewing clinical records at the three defendant facilities (fce) (Entered: 09/10/1992)

Sept. 4, 1992

Sept. 4, 1992

PACER
37

Amended Rule 16 Scheduling Order Issued. Joining of Parties Deadline 10/19/90; Amending of Deadline 10/19/90; Discovery Deadline 6/15/93; Motion Filing Deadline 8/15/93 (Signed by Chief Judge Neal P. McCurn, 12/23/92 ) (fce) (Entered: 12/29/1992)

Dec. 23, 1992

Dec. 23, 1992

PACER
38

LETTER from Arlene S. Kanter dtd 4/28/93 to Chambers re: Arlene S. Kanter co-counsel for the plaintiff be removed and that the name of the current PILF supervisor, Elizabeth Goldenberg, be substituted as co-counsel for the plaintiffs. (dmf) (Entered: 05/05/1993)

May 4, 1993

May 4, 1993

PACER
39

Rule 16 Scheduling Order Issued/Amended Stip.; Extending the Discovery Deadline to 11/15/93 and the Motion Filing Deadline to 1/15/94; if the need arised prior to completion of discovery counsel may request a conference w/ the court; counsel may stipulate to an extension of any deadline set forth in this order and in such case shall submit a signed stipulation for court approval; counsel shall file a Rule 10(K); ( Signed by Senior Judge Neal P. McCurn 6/18/93) (dmf) Modified on 06/21/1993 (Entered: 06/21/1993)

June 21, 1993

June 21, 1993

PACER
40

ORDER/AMENDED STIPUALTION, extended Motion Filing deadline to 7/15/94, and extended Discovery deadline to 5/15/94 ; modification of this Order will only be allowed upon a showing of good cause ( signed by Senior Judge Neal P. McCurn 11/20/93) (dmf) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

PACER
41

Rule 16 Scheduling Order Issued. Joining of Parties Deadline 10/19/90 ; Amending of Deadline 10/19/90 ; Discovery Deadline 11/15/94 ; Motion Filing Deadline 1/15/95 (Signed by Senior Judge Neal P. McCurn on 5/13/94) (lmp) (Entered: 05/19/1994)

May 17, 1994

May 17, 1994

PACER
42

Amended Uniform Pretrial Order; Discovery Deadline 8/15/95 ; Motion Filing Deadline 11/15/95 ; ( Signed by: Senior Judge Neal P. McCurn ) (fce) (Entered: 11/29/1994)

Nov. 25, 1994

Nov. 25, 1994

PACER
43

LETTER ORDER, scheduling Pretrial Conference for 11:00 a.m. on 6/11/96 in Syracuse, NY, to discuss settlement and/or trial status of this action. (signed by Senior Judge Neal P. McCurn on 5/30/96) (lmp) (Entered: 05/30/1996)

May 30, 1996

May 30, 1996

PACER
44

Scheduling Notice/letter from AAG Freshour dated 6/4/96: confirming that Pretrial Conference is rescheduled to 1:30 a.m. on 7/11/96 in Syracuse or Utica before Senior Judge McCurn (lmp) (Entered: 06/10/1996)

June 10, 1996

June 10, 1996

PACER

Pre-trial conference held (lmp)

July 11, 1996

July 11, 1996

PACER
45

Minute entry for 7/11/96: PT Conf. - attys. reported that they were in process of drafting final settlement agreement; Atty. Freshour will confer w/clients as to two language proposals submitted by Ptlfs' attys. & report to court & Pltfs' attys. by 8/12/96 as to same; contemporanneous time records, documentation for atty. fees, etc., will be sent to NYS counsel in event of settlement; discussion re Legal Services ban on handling this matter; if case not settled, PILF will become lead counsel. APP: Frederick Stanczak & Susan Young for Legal Services; Janine Hoft & Michael Choi (student) for PILF; Richard Freshour for NYS Court Reporter/ECRO: None (Law Clerk - DEM) (lmp) Modified on 07/17/1996 (Entered: 07/17/1996)

July 17, 1996

July 17, 1996

PACER
46

MOTION by Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. for Frederick M. Stanczak, Susan M. Young & all counsel employed by Legal Services of Central, New York, Inc., to Withdraw as Attorneys for the Pltf. Class w/attached Affidavit of Frederick M. Stanczak and proposed order. Motion returnable before Judge/Mag. Judge: McCurn (lmp) (Entered: 07/25/1996)

July 25, 1996

July 25, 1996

PACER
47

ORDER granting [46-1] motion for Frederick M. Stanczak, Susan M. Young & all counsel employed by Legal Services of Central, New York, Inc., to Withdraw as Attorneys for the Pltf. Class effective 7/31/96. (Terminated attorney Frederick M. Stanczak for John S., attorney Frederick M. Stanczak for John R., attorney Frederick M. Stanczak for Bonnie H. Shoultz, attorney Frederick M. Stanczak for Patricia R., attorney Frederick M. Stanczak for Mary Alice B. (signed by Senior Judge Neal P. McCurn on 7/30/96) (lmp) (Entered: 07/31/1996)

July 30, 1996

July 30, 1996

PACER
48

LETTER ORDER, directing counsel to advise court in writing as to Status of this action by 9/22/96 (signed by Senior Judge Neal P. McCurn on 9/12/96) (lmp) (Entered: 09/12/1996)

Sept. 12, 1996

Sept. 12, 1996

PACER
49

Minute entry: Tel. Conf. - when conf. call put thru, only AAG Freshour for Defts. appeared; Pltf's counsel unable to appear; conf. will be rescheduled for next week. APP: Richard Freshour for Defts. Court Reporter/ECRO: None (Law Clerk - CLR) (lmp) (Entered: 03/07/1997)

March 7, 1997

March 7, 1997

PACER
50

Minute entry for Tel. Conf. on 3/21/97: Still working on stipulation of settlement & changes proposed by Defts.; parties believe agreement is possible as to language & time frame; Status Report deadline set to 4/10/97 for parties to report to court ; once language is agreed upon, it will take some time for final approval by NYS; it was agreed that issue of attys. fees be held in abeyance until merits of case or settlement is reached. APP: Frederick Stanczyk for Pltfs.; Richard Freshour for NYS Court Reporter/ECRO: None (Law Clerk - CLR) (lmp) (Entered: 03/26/1997)

March 26, 1997

March 26, 1997

PACER
51

Minute entry: Tel. Conf. - Court discussed proposed notice to class members of tentative settlement agreement; Court ordered Atty. Stanczyk to submit amended proposed notice, striking last paragraph on page 4 & adding, "This notice has been approved as to form and content," & adding signature & date lines for Court; AAG Freshour to send to Atty. Stranczyk orig. stipulation & order for signature, which will then be submitted to Court; Court set Evidentiary Hearing regarding fairness & adequacy of proposed settlement for 2:00 p.m. on 12/28/98 in Syracuse, NY . APP: Frederick Stanczyk for Pltfs.; Richard Freshour for Defts.; Court Reporter/ECRO: None (Law Clerk - CLR) (lmp) (Entered: 10/05/1998)

Oct. 2, 1998

Oct. 2, 1998

PACER
52

LETTER ORDER, set Dismissal Calendar Call for 2:00 pm on 2/5/99 in Syracuse, NY at court's chambers. (signed by Senior Judge Neal P. McCurn on 1/19/99) (lmp) (Entered: 01/20/1999)

Jan. 20, 1999

Jan. 20, 1999

PACER
53

NOTICE to Class of Hearing: set Hearing on proposed Settlement of Class Action for 2:00 p.m. on 3/26/99 in Syracuse, NY, before Senior Judge McCurn. (lmp) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

PACER
54

STIPULATION and ORDER as to terms of settlement of class action. (signed by Senior Judge Neal P. McCurn on 2/5/99) (lmp) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

PACER
55

REQUEST by Atty. Young for Pltfs. dtd 3/8/99 and ORDER that time of filing motions for attorneys fees shall not begin to run until after entry of final order/judgment subsequent to 3/26/99 hearing. (signed by Senior Judge Neal P. McCurn on 3/9/99) (lmp) (Entered: 03/10/1999)

March 10, 1999

March 10, 1999

PACER
56

NOTICE of attorney appearance for Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. by Sarah Betsy Fuller (lmp) (Entered: 03/18/1999)

March 18, 1999

March 18, 1999

PACER
57

Minute entry: Hearing on Proposed Settlement of Class Action - no one appears to object; Judge McCurn approves settlement & directs Atty. Stancyzk to submit proposed order within 10 days & transcript to be ordered at Defts' expense. APP: Frederick Stanczyk & Sarah Betsy Fuller for Pltfs.; Richard Freshour for Defts.; Court Reporter/ECRO: K. Crewell (LC-CLR) (lmp) (Entered: 03/26/1999)

March 26, 1999

March 26, 1999

PACER
58

TRANSCRIPT of Hearing on Proposed Settlement of Class Action filed for dates of 3/26/99 before Judge Neal P. McCurn, Sr. Court Reporter: Kenneth H. Crewell, Jr. (jlm) (Entered: 04/12/1999)

April 12, 1999

April 12, 1999

PACER
59

ORDER, approving the Stipulation for Settlement of Class Action, etc. (signed by Senior Judge Neal P. McCurn on 4/15/99) (lmp) (Entered: 04/19/1999)

April 19, 1999

April 19, 1999

PACER

**Case closed (lmp)

April 19, 1999

April 19, 1999

PACER
60

Scheduling Notice/letter from Atty. Young for Pltfs.: extending Motion for Atty's Fees Filing deadline to 5/28/99 w/approval of SJ McCurn. (lmp) (Entered: 05/13/1999)

May 13, 1999

May 13, 1999

PACER
61

MOTION by Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. for Attorney Fees for services of Sarah Betsy Fuller, Esq. w/cert-svc., Hearing set for 9:30 am on 7/13/99 in Syracuse, NY, Response Deadline 6/29/99; Motion returnable before Judge/Mag. Judge: McCurn (lmp) Modified on 05/28/1999 (Entered: 05/27/1999)

May 27, 1999

May 27, 1999

PACER
62

MEMORANDUM by Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. in support of [61-1] motion for Attorney Fees (lmp) (Entered: 05/27/1999)

May 27, 1999

May 27, 1999

PACER
63

AFFIDAVIT by Sara Betsy Fuller, Esq., for Pltfs. Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. Re: [61-1] motion for Attorney Fees w/attached Exhibits (lmp) (Entered: 05/27/1999)

May 27, 1999

May 27, 1999

PACER
64

NOTICE of attorney appearance for Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. by Frederick M. Stanczak, Esq., w/change of address. (lmp) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

PACER
65

MOTION by Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. for Attorney Fees for services of Frederick M. Stanczak, Esq. w/attached proposed order, Affidavit of Frederick M. Stanczak & exhibit, Hearing set for 9:30 am on 7/13/99 in Syracuse, Response Deadline 6/29/99; Motion returnable before Judge/Mag. Judge: McCurn (lmp) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

PACER
66

MOTION by Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. for Attorney Fees for services of Susan M. Young, Esq., Hearing set for 9:30 am on 7/13/99 in Syracuse, Response Deadline 6/29/99; Motion returnable before Judge/Mag. Judge: McCurn (lmp) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

PACER
67

MEMORANDUM by Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. in support of [66-1] motion for Attorney Fees for services of Susan M. Young, Esq. (lmp) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

PACER
68

AFFIDAVIT by Susan M. Young, Esq., for Pltfs. in support of [66-1] motion for Attorney Fees for services of Susan M. Young, Esq. (lmp) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

PACER
69

LETTER ORDER, oral argument/Motion Hearing set for 9:30 AM on 7/13/99 in Syracuse re: [66-1] motion for Attorney Fees for services of Susan M. Young, Esq., [65-1] motion for Attorney Fees for services of Frederick M. Stanczak, Esq., [61-1] motion for Attorney for services of Sarah Betsy Fuller, Esq. ; if there is no opposition, court will take matter on submit. (signed by Judge Neal P. McCurn on 6/1/99) (lmp) (Entered: 06/02/1999)

June 2, 1999

June 2, 1999

PACER
70

RESPONSE by John R. Scott, Dwight Rhodes, Richard M. Heath, Elin Howe, Richard C. Surles, Mario Cuomo in opposition to [66-1] motion for Attorney Fees for services of Susan M. Young, Esq., [65-1] motion for Attorney Fees for services of Frederick M. Stanczak, Esq. (fce) (Entered: 06/30/1999)

June 29, 1999

June 29, 1999

PACER
71

MEMORANDUM by John R. Scott, Dwight Rhodes, Richard M. Heath, Elin Howe, Richard C. Surles, Mario Cuomo in opposition to [66-1] motion for Attorney Fees for services of Susan M. Young, Esq., [65-1] motion for Attorney Fees for services of Frederick M. Stanczak, Esq. (fce) (Entered: 06/30/1999)

June 29, 1999

June 29, 1999

PACER
72

Minute entry: [66-1] motion for Attorney Fees for services of Susan M. Young, Esq. under advisement, [65-1] motion for Attorney Fees for services of Frederick M. Stanczak, Esq. under advisement, [61-1] motion for Attorney Fees for services of Sarah Betsy Fuller, Esq. under advisement. APP: Sarah Betsey Fuller, Susan M. Young & Paul Kelly for Pltfs.; Richard Freshour for Defts.; Court Reporter: Kim Liberatore (LC-DPW) (lmp) (Entered: 07/13/1999)

July 13, 1999

July 13, 1999

PACER
73

MEMORANDUM-DECISION AND ORDER granting [66-1] motion for Attorney Fees for services of Susan M. Young, Esq., granting [65-1] motion Attorney Fees for services of Frederick M. Stanczak, Esq., granting [61-1] motion for Attorney Fees for services of Sarah Betsy Fuller, Esq.; Pltfs' attys. are entitled to atty's fees & costs of $179,290.68, apportion as follows: $56,782.95 in fees & costs for PILF, $118,872.73 in fees & costs for LSCNY & $3,635 in fees for Stanczak. (signed by Senior Judge Neal P. McCurn on 7/29/99) Date Entered: 8/2/99 (lmp) (Entered: 08/02/1999)

Aug. 2, 1999

Aug. 2, 1999

PACER
74

JUDGMENT for Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. against John R. Scott, Dwight Rhodes, Richard M. Heath, Elin Howe, Richard C. Surles, Mario Cuomo for atty. fees & costs of $179,290.58, etc. Date Served: 8/2/99 Date Entered: 8/2/99 (lmp) (Entered: 08/02/1999)

Aug. 2, 1999

Aug. 2, 1999

PACER

Case Details

State / Territory: New York

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 14, 1990

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Mentally retarded residents of New York State psychiatric centers at Mohawk Valley, Hutchings and Binghamton.

Attorney Organizations:

Prisoners' Legal Services of New York (PLSNY)

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York State Office of Mental Health ("OMH") , State

State Office of Mental Retardation and Developmental Disabilities ("OMRDD"), State

Binghamton Psychiatric Center (Binghamton), State

Hutchings Psychiatric Center, State

Mohawk Valley Psychiatric Center (Mohawk Valley), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Classification / placement

Education

Habilitation (training/treatment)

Special education

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run