BRYAN v. KOCH

Nos. 79 Civ. 4274 (ADS), 79 Civ. 4329 (ADS) and 80 Civ. 2417 (ADS).

492 F.Supp. 212 (1980)

David E. BRYAN, Jr.; Ebun Adelona, for herself and as mother and next friend for N'zinga; Altagracia Tejeda, for herself and as mother and next friend for Antonia; Celeste Feaster; and Minnie Winfree; Individually and on behalf of all other persons similarly situated, Plaintiffs, v. Edward I. KOCH, Mayor, City of New York; City of New York; New York City Health and Hospitals Corporation; Haskell Ward, Deputy Mayor and Chairman, Board of Directors, NYC Health and Hospitals Corporation; Joseph C. Hoffman, President, NYC Health and Hospitals Corporation; State of New York; New York Department of Health; David Axelrod, NYS Commissioner of Health; Richard Berman, Director, Office of Health Systems Management; and United States Department of Health, Education and Welfare, Defendants. DISTRICT COUNCIL 37, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES UNION, AFL-CIO; Annie Norris; Robert Booth; Miriam Falcon; Daniel Edwards; Elizabeth Girodes, Plaintiffs, v. Edward I. KOCH, Mayor, City of New York; City of New York; New York City Health and Hospitals Corporation; Haskell Ward, Deputy Mayor and Chairman, Board of Directors, NYC Health and Hospitals Corporation; Joseph C. Hoffman, President, NYC Health and Hospitals Corporation, Defendants. Naomi BOYD, Luz Medina, Luz Padilla, Elizabeth Smith, Citywide Coalition to Save our Hospitals, Community Coalition to Save Metropolitan Hospital, Coalition in Defense of Puerto Rican and Hispanic Rights, Community Coalition to Save Sydenham Hospital, Plaintiffs, v. Patricia HARRIS, Individually and in her capacity as Secretary of the United States Department of Health, Education and Welfare; Edward I. Koch, Individually and in his capacity as Mayor of the City of New York; City of New York; Health and Hospitals Corporation; Joseph C. Hoffman, Individually and in his capacity as President of the New York City Health and Hospitals Corporation; Department of Health, Education and Welfare, Defendants.

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

May 23, 1980.


Attorney(s) appearing for the Case

Jack Greenberg, Beth J. Lief, NAACP Legal Defense and Education Fund, Inc., New York City, for plaintiffs in Bryan v. Koch.

Beverly Gross, Karen S. Smith, Joel Giller, New York City, for plaintiffs, in District Council 37 v. Koch.

Herbert Semmel, Sanford A. Newman, Center for Law and Social Policy, Washington, D. C., for individual plaintiffs in District Council 37 v. Koch.

Louis B. York, Ramon J. Jimenez, Richard Clifford, Manhattan Legal Services Corp., New York City, for plaintiffs in Boyd v. Harris.

Allen G. Schwartz, New York City Corp. Counsel, New York City, by Bruce S. Kaplan, Norma Kerlin, Bradley Sacks, New York City, for City defendants.

Robert Abrams, New York State Atty. Gen., New York City, by Judith Gordon, Ann Horowitz, New York City, for state defendants.

John S. Martin, Jr., U. S. Atty., Southern District of New York, New York City, by William Hibsher, Asst. U. S. Atty., New York City, for defendants Patricia Harris and Dept. of Health, Ed. and Welfare.


AMENDED OPINION

SOFAER, District Judge.

These actions all seek to prevent Mayor Edward I. Koch, and others, from implementing a plan to close certain municipal hospitals in the City of New York. At issue now is the closure of Sydenham Hospital, since the City has yet to decide whether other proposed closings should be implemented.

The defendant Health and Hospitals Corporation ("HHC") operates the City's municipal hospital system, which includes...

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