February 24, 2011

Second Circuit Issues Stay in Disability Advocates, Inc. v. Cuomo

On February 23, 2011, the Second Circuit Court of Appeals issued an order staying the Remedial Order and Judgment issued on March 1, 2010 by the U.S. District Court for the Eastern District of New York in Disability Advocates, Inc. v. Cuomo.

The District Court’s Remedial Order directed the State of New York to offer placement in supported housing to individuals with mental illness residing in adult homes in New York City and to develop supported housing units, at a rate of 1,500 per year, until there are enough units to offer placement to all such residents who desire to move. 

Under the Second Circuit’s stay order, “no party is required to perform any act identified in the [District Court’s] March 1, 2010 order” pending further order of the Second Circuit.  Stay tuned for developments.

This post was contributed by Jane Bello Burke.