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U.S. v. CITY OF YONKERS

No. 80 Civ. 6761 (LBS).

833 F.Supp. 214 (1993)

UNITED STATES of America, Plaintiff, and Yonkers Branch, NAACP, et al., Plaintiffs-Intervenors, v. CITY OF YONKERS, Yonkers Community Development Agency, Yonkers Board of Education, Defendants, and U.S. Department of Housing and Urban Development, Samuel Pierce, Secretary, Added-Defendants, and The State of New York; Mario Cuomo, as Governor of the State of New York; the Board of Regents of the State of New York; Martin C. Barell, R. Carlos Carballada, Adelaide L. Sanford, Willard A. Genrich, Emlyn I. Griffith, Jorge L. Battista, Lora Bradley Chodos, Louise P. Matteoni, Edward Meyer, Floyd S. Linton, Salvadore Sclafini, Mimi Levin Lieber, Shirley C. Brown, Norma Gluck, Thomas Frey and James McCabe, Sr., in their official capacities as members of the State Board of Regents; the Department of Education of the State of New York; Thomas Sobol, as Commissioner of Education of the State of New York; and the Urban Development Corporation of the State of New York and Vincent Tese, as Director of the Urban Development Corporation, Added-Defendants.

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

August 30, 1993.

Attorney(s) appearing for the Case

Sandra Lynn Beber, U.S. Dept. of Justice, Civ. Rights Div., Washington, DC.

Michael H. Sussman, Goshen, NY, for plaintiff-intervenor NAACP.

Marion R. Buchbinder, Dept. of Law of the State of N.Y., New York City (Stephen Jacoby, of counsel), for New York State defendants.

Hogan & Hartson, Washington, DC (Steven J. Routh, of counsel), and Anderson Banks Moore Curran & Hollis, Mt. Kisco, NY (Lawrence W. Thomas, of counsel), for Yonkers Bd. of Educ. of the City of Yonkers.

Raymond P. Fitzpatrick, Jr., Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, AL (David P. Whiteside, of counsel), for City of Yonkers.

OPINION

SAND, District Judge.

As a result of good faith and zealous implementation by the Yonkers Board of Education ("YBE") and its staff of this Court's initial School Remedy Order of May 13, 1986 (Educational Improvement Plan ("EIP") I), the racial separation of students in the Yonkers Public Schools, which had existed for decades, ended. As the YBE correctly states, "Within less than a year of the issuance of EIP I, the Yonkers Board achieved desegregation...

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