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STORCK v. SUFFOLK COUNTY DEPT. OF SOCIAL SERVICES

No. CV 97-2880.

122 F.Supp.2d 392 (2000)

Ellen STORCK, Aaron Drew Storck, Courtney Drew, Dana Drew and Joshua Drew, Plaintiffs, v. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Gary Rosenthal, Individually and as an Assistant County Attorney with the Suffolk County Attorney's Office, Arza Feldman, Individually and as the law guardian appointed for the infants Courtney, Dana and Joshua Storck, Andrea Mckenzie, Individually and as the law guardian appointed for the infant, Aaron Drew Storck, Heidi Hilton, Individually and as the law guardian appointed for the infant, Aaron Drew Storck, Vivien Misshula, Individually and as a Case Worker employed by the Suffolk County Department of Social Services, Mary Peabody, Individually and as a Case Worker employed by the Suffolk County Department of Social Services, Dr. Mayer Sagy, Individually and as the Chief of Pediatric Intensive Care Unit of Schneider's Childrens Hospital, Dr. Philip Lanzkowski, Individually and as Chief of Staff of Schneider's Childrens Hospital, Dr. Gerald Novack, Individually and as a member of Pediatric Neurology Staff of Schneider's Childrens Hospital, Dr. Laura Nimkoff, Individually and as a Resident of the Pediatric Intensive Care unit of Schneider's Childrens Hospital, Dr. Herbert Schreier, Individually and as a witness for the Suffolk County Department of Social Services, and John Doe and all others as yet unidentified agents of the County of Suffolk, who have acted in violation of the rights of the plaintiffs herein, Defendants.

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

November 27, 2000.

Attorney(s) appearing for the Case

Jeremiah B. McKenna, Staten Island, NY, for plaintiff.

Robert J. Cimino, Suffolk County Attorney by Arlene S. Zwilling, Assistant County Attorney, Hauppauge, NY, for defendant Gary Rosenthal.

Clausen Miller, P.C., Department of Social Services, Vivien Misshula and Mary Peabody by Andrew Laskin, New York City, for defendants Suffolk County.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is a civil rights case the facts of which arise out of a 1992 Suffolk County Family Court petition charging Plaintiff Ellen Storck ("Plaintiff") with neglect of her son, Aaron Storck. The facts surrounding the neglect proceedings and the subsequent placements of Aaron Storck are discussed, in great detail, in the opinion of this court dated August 10, 1999, which ruled on the defendants' motions to...

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