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DAVIS v. BUFFALO PSYCHIATRIC CTR.

June 6, 1985

ROBERT N. DAVIS, Individually and on behalf of all others similarly situated, Plaintiff, -vs- BUFFALO PSYCHIATRIC CENTER; THE NEW YORK STATE OFFICE OF MENTAL HEALTH; THE NEW YORK STATE DEPARTMENT OF MENTAL HYGIENE; and THE NEW YORK STATE OFFICE OF CIVIL SERVICE, Defendants


In this employment discrimination action plaintiff's motion for class action certification had been denied by this Court February 20, 1985 as untimely under rule 8C of the Local Rules of Practice of this Court. Plaintiff now has moved for reconsideration of such decision. Having considered plaintiff's motion, counsel for defendants' acknowledgement June 3, 1984 that the prior motion had been timely made under said rule, and having reviewed the Complaint, Amended Complaint and class certification motion in question, it is hereby

ORDERED that this Court's Memorandum and Order in this action filed February 20, 1985 is vacated with respect to the denial of plaintiff's motion for class action certification and that plaintiff shall have twenty (20) days from the entry of this Order in which to renew his motion for such certification.

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