Legal Opinion

DeStefano v. Emergency Housing Group, Inc.

Court of Appeals for the Second Circuit

Decided April 20, 2001No. Docket No. 99-9146PublishedCited by 20 opinions

1Opinion of the Court

SACK, Circuit Judge:

Plaintiff-Appellant Joseph M. DeStefa-no, Mayor of Middletown, New York, and a New York State taxpayer, appeals from a judgment of the United States District Court for the Southern District of New York (Colleen McMahon, Judge). DeSte-fano brought the underlying action pursuant to 42 U.S.C. § 1983 claiming that the allocation of New York State tax revenues to a private alcoholic treatment facility that includes Alcoholics Anonymous (“A.A.”) in its program violates the Establishment Clause of the First Amendment to the United States Constitution. On cross motions for summary…

2Cases cited49 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  5. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976

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3Cited by20 opinions

  1. The Universal Church v. Robert L. Geltzer, as Trustee of the Estate of Darnelle BoisrondCourt of Appeals for the Second Circuit · 2006
  2. Lown v. Salvation Army, Inc.District Court, S.D. New York · 2005
  3. Klamath Irrigation District v. United StatesUnited States Court of Federal Claims · 2007
  4. Moeller v. Bradford CountyDistrict Court, M.D. Pennsylvania · 2006
  5. Freedom From Religion Foundation, Inc. v. Scott McCallum and Faith Works Milwaukee, Inc., InterveningCourt of Appeals for the Seventh Circuit · 2003

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