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DISABILITY ADVOCATES, INC. v. PATERSON

No. 03-CV-3209 (NGG)(MDG).

598 F.Supp.2d 289 (2009)

DISABILITY ADVOCATES, INC., Plaintiff, v. David A. PATERSON, in his official capacity as Governor of the State of New York, Richard F. Daines, in his official capacity as Commissioner of the New York State Department of Health, Michael F. Hogan, in his official capacity as Commissioner of the New York State Office of Mental Health, the New York State Department of Health, and the New York State Office of Mental Health, Defendants.

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

February 19, 2009.

Attorney(s) appearing for the Case

Andrew Garry Gordon, Jeh Charles Johnson, Alissa Belkin Bauer, Anne Skeels Raish, Joshua Paul Groban, Beth Susan Frank, Paul Weiss, Rifkind, Wharton & Garrison LLP, Jeanette M. Zelhof, Lycette Nelson, Mfy Legal Services, Inc., John A. Gresham, Lawyers for the Public Interest, Inc., William G. Lienhard, New York, NY, Ira Abraham Burnim, Jennifer Ellen Mathis, Washington, DC, Roger A. Bearden, Cliff Zucker, Disability Advocates, Inc., Albany, NY, for Plaintiffs.

Barbara K. Hathaway, Amy Marie Held, Attorney General's Office, New York, NY, for Defendants.

MEMORANDUM & ORDER

NICHOLAS G. GARAUFIS, District Judge.

The "integration mandate" of Title II of the American with Disabilities Act ("ADA") and Section 504 of the Rehabilitation Act ("RA"), as expressed in federal regulations and Olmstead v. L.C., 527 U.S. 581, 119 S.Ct. 2176, 144 L.Ed.2d 540 (1999), requires that when a state provides services to individuals with disabilities, it must do so "in the most integrated...

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