YARETSKY v. BLUM

No. 13, Docket 78-7077.

592 F.2d 65 (1979)

William YARETSKY, Ralph Cuevas, and the Gray Panthers, New York Chapter, Appellees, and Mary Foley, Rae Wolper, Rose Shulman, Bessie Rossoff, Pauline Ashkenazy, Sadie Birenzweig, Martha Zahl, Edna Kolman, James Lundy, and Philomena Latona Lundy, on behalf of themselves and all others similarly situated, Intervenors-Appellees, v. Barbara BLUM, Individually and as Acting Commissioner of the New York State Department of Social Services, Robert Whalen, M. D., Individually and as Commissioner of the New York State Department of Health, Appellants.

United States Court of Appeals, Second Circuit.

Decided January 16, 1979.


Attorney(s) appearing for the Case

Emanuel M. Kay, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Kevin J. McKay, Asst. Atty. Gen., New York City, of counsel), for appellants.

John E. Kirklin, The Legal Aid Society, New York City (Philip M. Gassel, Legal Services for the Elderly Poor, New York City, Joan Mangones and David Goldfarb, The Legal Aid Society, Staten Island, N. Y., Kalman Finkel, The Legal Aid Society, New York City, and Ellice Fatoullah, MFY Legal Services, Inc., New York City, of counsel), for appellees.

Before LUMBARD and OAKES, Circuit Judges, and MacMAHON, District Judge.


PER CURIAM:

This is an appeal from an order of the United States District Court for the Southern District of New York, Constance Baker Motley, Judge,1 dated January 5, 1978, but filed January 10, 1978. The order granted appellees' motion for a preliminary injunction against appellants to prevent them from failing to provide resident patients in health care facilities with timely and adequate written notice of the decision to transfer them...

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