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NEW YORK STATE ASS'N FOR RETARDED CHILDREN v. CAREY

Nos. 1215, 1235, Dockets 80-7289, 80-7295.

631 F.2d 162 (1980)

NEW YORK STATE ASSOCIATION FOR RETARDED CHILDREN, INC. et al. and Patricia Parisi et al., Plaintiffs-Appellees, v. Hugh L. CAREY, Individually and as Governor of the State of New York, and Edward V. Regan, Individually and as Comptroller of the State of New York, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 4, 1980.

Petition for Rehearing June 18, 1980.

Decided July 28, 1980.

Attorney(s) appearing for the Case

Taylor R. Briggs, New York City (LeBoeuf, Lamb, Leiby & MacCrae, New York City, Richard C. Cole, Mary Jo Eyster, Caren S. Brutten, Asst. Atty. Gen., Robert Abrams, Atty. Gen. of the State of New York, New York City, of counsel), for defendants-appellants Hugh L. Carey and Edward V. Regan.

Christopher A. Hansen, New York City (New York Civil Liberties Union, Robert M. Levy, New York City, of counsel), for plaintiffs-appellees.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Arthur L. Liman, Jonathan D. Siegfried, Helen Hershkoff, New York City, of counsel), for plaintiffs-appellees.

Jack Bernstein, New York City, Production and Advocacy System for Developmental Disabilities, Inc., for plaintiffs-appellees.

Before LUMBARD, VAN GRAAFEILAND and KEARSE, Circuit Judges.

LUMBARD, Circuit Judge:

Hugh L. Carey and Edward V. Regan, the Governor and Comptroller of the State of New York respectively, appeal from two orders entered in the Eastern District by Judge Bartels on April 10, 1980. One order joined the Comptroller as a party, the other adjudged the Governor and the Comptroller to be in contempt if funding was not provided for the Willowbrook Review Panel by April 15th. We granted a stay of the contempt order pending disposition...

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