Mental Hygiene Legal Services v. Schneiderman

472 F. App'x 45

• Court: Court of Appeals for the Second Circuit
• Decided: June 20, 2012
• Docket: 11-1539-cv
• Status: Unpublished

Opinion

SUMMARY ORDER

Defendants-appellants — Eric T. Schneiderman, Attorney General of the State of New York, Andrew Cuomo, Governor of the State of New York, Michael Hogan, Commissioner of the New York State Office of Mental Health, Brian Fischer, Commissioner of the New York State Department of Correctional Services, and Courtney Burke, Commissioner of the New York State Office of Developmental Disabilities (jointly, “defendants”) — appeal from the April 7, 2011 order of the District Court granting a permanent injunction with respect to certain provisions of New York Mental Hygiene Law Article 10. N.Y. Mental Hyg. Law § 10. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

We review a district court’s grant of a permanent injunction for abuse of discretion. Roach v. Morse, 440 F.3d 53, 56 (2d Cir.2006); see also Sims v. Blot, 534 F.3d 117, 132 (2d Cir.2008) (explaining that the term of art “abuse of discretion” includes errors of law).

Upon review of the record and the arguments of counsel, it is hereby ordered that the April 7, 2011 order of the District Court is VACATED and REMANDED for reconsideration in light of our decision in Disability Advocates, Inc. v. New York Coalition for Quality Assisted Living, Inc., 675 F.3d 149 (2d Cir.2012). On remand, the parties shall have a full opportunity to adduce any facts relevant to the question of whether plaintiff-appellee Mental Hygiene Legal Services can establish any of the “indicia of membership” required for a nonmembership organization to assert associational standing.

We intimate no view on the merits of the defendants’ other arguments. In the interest of judicial economy, any future proceedings on appeal shall be assigned to this panel.