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United States Court of Appeals Second Circuit.: No. 731. Docket 33243

This document is a court case summary from the United States Court of Appeals for the Second Circuit. It affirms the lower court's denial of a preliminary injunction and dismissal of the complaint in a class action lawsuit brought by Dwight Boone against New York state and city social services commissioners. The lower court found that adequate due process remedies exist in New York state courts. The appellate court agrees with the lower court's opinion that was reported at 295 F. Supp. 1143.

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34 views2 pages

United States Court of Appeals Second Circuit.: No. 731. Docket 33243

This document is a court case summary from the United States Court of Appeals for the Second Circuit. It affirms the lower court's denial of a preliminary injunction and dismissal of the complaint in a class action lawsuit brought by Dwight Boone against New York state and city social services commissioners. The lower court found that adequate due process remedies exist in New York state courts. The appellate court agrees with the lower court's opinion that was reported at 295 F. Supp. 1143.

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412 F.

2d 857

Dwight BOONE, individually and on behalf of all others


similarly situated by his next friend, Walter Boone, PlaintiffsAppellants,
v.
George K. WYMAN, as Commissioner of the Department of
Social Services of the State of New York; Jack Goldberg, as
Commissioner of the Department of Social Services of the City
of New York; Elizabeth C. Beine, as Director of the Bureau of
Child Welfare of the City of New York; Winnie Siegel, as
Caseworker of the Bureau of Child Welfare of the City of New
York, Defendants-Respondents.
No. 731.
Docket 33243.

United States Court of Appeals Second Circuit.


Argued July 23, 1969.
Decided July 25, 1969.

Harold J. Rothwax, Jonathan A. Weiss, New York City, for appellants.


James J. Fishman, Deputy Asst. Atty. Gen., Samuel A. Hirshowitz, First
Asst. Atty. Gen., Amy Juviler, Asst. Atty. Gen., for Wyman.
John L. Loflin, Stanley Buchsbaum, James Nespole, J. Lee Rankin,
Corporation Counsel, New York City, for Municipal appellees.
Before WATERMAN and HAYS, Circuit Judges and BARTELS, District
Judge.*
Appeal from the United States District Court for the Southern District of
New York, Walter R. Mansfield, J.
PER CURIAM:

Appellants seek reversal of the order entered in the United States District Court
for the Southern District of New York denying plaintiffs' motion for a
preliminary injunction and for the convening of a three judge court and the
granting of appellees' motion to dismiss appellants' complaint.

The opinion of Judge Mansfield is reported at 295 F.Supp. 1143 (SDNY 1969).
We affirm the order below substantially upon that opinion. We agree with
Judge Mansfield that a judicial remedy which provides due process of law
exists in the New York state courts. 295 F.Supp. 1151.

Notes:
*

Of the Eastern District of New York, sitting by designation

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