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GPO
May 16 2019
MEMORANDUM-DECISION AND ORDER denying 15 Motion for Preliminary Injunction; granting 34 Motion to Dismiss for Failure to State a Claim: The Court hereby ORDERS that OCFS's motion to dismiss (Dkt. No. 34) is GRANTED; and the Court further ORDERS that New Hope's motion for a preliminary injunction is DENIED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in OCFS's favor and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 5/16/2019. (ban)
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GPO
Oct 05 2020
. D'Agostino on 10/5/2020. (ban)MEMORANDUM-DECISION AND ORDER granting 15 Motion for Preliminary Injunction: The Court hereby ORDERS that Plaintiffs' motion to for a preliminary injunction (Dkt. No. 15) is GRANTED; and the Court further ORDERS that OCFS may not revoke New Hope's perpetual authorization to place children for adoption during the pendency of this litigation; ORDERS that, seeing no request from either party, Plaintiffs are not required to post a bond or undertaking as security for granting the above-mentioned preliminary injunction at this time; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A
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GPO
Sep 06 2022
MEMORANDUM-DECISION AND ORDER denying 74 Motion for Summary Judgment; granting 75 Motion for Summary Judgment:The Court hereby ORDERS that OCFS' motion for summary judgment (Dkt. No. 74) is DENIED; and the Court further ORDERS that New Hope's motion for summary judgment (Dkt. No. 75) is GRANTED; and the Court further ORDERS that OCFS is ENJOINED from enforcing 18 N.Y.C.R.R. § 421.3(d) insofar as it would compel New Hope to process applications from, or place children for adoption with, same-sex couples or unmarried cohabitating couples, and insofar as it would prevent New Hope from referring such couples to other agencies; and the Court further ORDERS that this Court shall retain jurisdiction of this matter for the purpose of enforcing its Orders; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 9/6/22. (ban)
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