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ACEVEDO v. SURLES

No. 89 Civ. 6257 (RJW).

778 F.Supp. 179 (1991)

Louis O. ACEVEDO, III, and Karen Nunnery, Plaintiffs, v. Dr. Richard C. SURLES, Ph.D., in his official capacity as Commissioner of the New York State Office of Mental Health, Defendant.

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

November 18, 1991.

Attorney(s) appearing for the Case

William M. Brooks, Mental Disability Law Clinic, Touro College, Huntington, N.Y., for plaintiffs.

Robert Abrams, Atty. Gen., New York City (Thomas P. Dorsey, Asst. Atty. Gen., of counsel), for defendant.

OPINION

ROBERT J. WARD, District Judge.

Plaintiffs Louis O. Acevedo, III and Karen Nunnery have moved, pursuant to Rule 56, Fed.R.Civ.P., for summary judgment in the above-captioned action. Defendant Richard C. Surles, Ph.D., has cross-moved for summary judgment. For the reasons that follow, plaintiffs' motion is granted and defendant's motion is denied.

BACKGROUND

The instant cross-motions for summary judgment are made upon a set of stipulated...

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