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EMPIRE STATE ASSN. v. PERALES

139 A.D.2d 41 (1988)

Empire State Association of Adult Homes, Inc., et al., Appellants, v. Cesar A. Perales, as Commissioner of The New York State Department of Social Services, et al., Respondents, and Shirley Polanco, Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 7, 1988

Attorney(s) appearing for the Case

Walter & Peck (Alan L. Peck of counsel), for appellants.

Robert Abrams, Attorney-General (William J. Kogan of counsel), for respondents.

Wayne G. Hawley (Gary Stone of counsel), for intervenor-respondent.

KANE, J. P., YESAWICH, JR., LEVINE and HARVEY, JJ., concur.

MIKOLL, J.

Plaintiff Empire State Association of Adult Homes, Inc. is a trade association of owners and operators of adult care facilities which provide residential care and services to adults who are unable or substantially unable to live independently (Social Services Law § 2 [21]). The individual plaintiffs each own and operate an adult care facility. Plaintiffs commenced this action seeking a declaration...

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