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YARETSKY v. BLUM

No. 76 CIV. 3360.

456 F.Supp. 653 (1978)

William YARETSKY et al., Plaintiffs, and Mary Foley et al., Plaintiffs-Intervenors, v. Barbara BLUM et al., Defendants.

United States District Court, S. D. New York.

June 30, 1978.

Attorney(s) appearing for the Case

The Legal Aid Society, John E. Kirklin, New York City, (Joan Mangones, David Goldfarb, The Legal Aid Society, Staten Island, N. Y., of counsel), Philip M. Gassel, Legal Services for the Elderly Poor, New York City, Ellice Fatoullah, MFY Legal Services, Inc., New York City, (Charles Robert, Nassau County Law Services Committee, Inc., Hempstead, N. Y., of counsel), for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of N. Y. by Kevin J. McKay, Asst. Atty. Gen., New York City, for defendants.

Memorandum Opinion

MOTLEY, District Judge.

This is an action by residents of various health care facilities in New York State. They claim that the transfer procedures among the various levels of health care facilities violate their constitutional right to due process of law. Specifically, plaintiffs allege that as regards transfers to facilities offering lower levels of care, the transfer process lacks adequate criteria, fails to comply

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