YARETSKY v. BLUM

No. 1234, Docket 80-7197.

629 F.2d 817 (1980)

William YARETSKY, Ralph Cuevas, and The Gray Panthers, New York Chapter, Plaintiffs-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, Plaintiffs-Intervenors-Appellants, 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, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 25, 1980.


Attorney(s) appearing for the Case

John E. Kirklin, Director of Litigation Civil Appeals & Law Reform Unit, The Legal Aid Soc., New York City (David Goldfarb, The Legal Aid Soc., New York City, N. Y. and Charles Robert, Hempstead, N. Y., of counsel), for plaintiffs-appellees.

David R. Ferguson and Kenneth A. Thomas, Asst. Attys. Gen., New York City (Robert Abrams, Atty. Gen. of the State of New York, George D. Zuckerman, Asst. Sol. Gen., New York City, of counsel), for defendants-appellants.

Before LUMBARD and MANSFIELD, Circuit Judges, and MEHRTENS, District Judge.


LUMBARD, Circuit Judge:

Plaintiffs, certified by the district court as that class of persons receiving New York State Medicaid assistance who are residents of nursing homes, were granted a permanent injunction by the District Court for the Southern District, Motley, J., enjoining state authorities and nursing homes from discharging or transferring patients to a different level of care without certain procedural safeguards intended to supplement residents' existing...

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