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ROTHENBERG v. STONE

No. CV 02-649(ADS)(WW).

234 F.Supp.2d 217 (2002)

Ronald ROTHENBERG, Plaintiff, v. James STONE, in his official capacity as Commissioner of the New York State of Mental Health, and Thomas Spota, in his official capacity of District Attorney of Suffolk County, Defendants.

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

December 27, 2002.

Attorney(s) appearing for the Case

Mental Disability Law Clinic Touro College, By: William M. Brooks, of Counsel, Huntington, NY, for the Plaintiff.

Eliot Spitzer, Attorney General of the State of New York, By: Ralph Pernick, Assistant Attorney General, Mineola, NY, for James Stone.

Robert J. Cimino, Suffolk County Attorney, By: Derrick J. Robinson, Assistant County Attorney, Hauppauge, NY, for Thomas Spota.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This case involves allegations by Ronald Rothenberg ("Rothenberg" or the "plaintiff") that Thomas Spota ("Spota") and James Stone ("Stone") (collectively, the "defendants") violated his equal protection rights by failing, among other things, to transfer him to a psychiatric hospital in Pennsylvania. Presently before the Court is the defendants' motion...

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