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EVELYN V. v. KINGS COUNTY HOSP. CENTER

No. CV 91-1108 (RR).

819 F.Supp. 183 (1993)

EVELYN V.; Hubert B.; Roberta S.; Jill B.; Daniel H.; and Sara R., individually and on behalf of all others similarly situated, Plaintiffs, v. KINGS COUNTY HOSPITAL CENTER; Bernard Rose, as Executive Director of Kings County Hospital Center; New York City Health and Hospitals Corporation; J. Emilio Carrillo, as President of the Board of Directors of the New York City Health and Hospitals Corporation; The Board of Directors of the New York City Health and Hospitals Corporation; Cesar Perales, as Commissioner of the New York State Department of Social Services; and Lorna McBarnette, as Acting Commissioner of the New York State Department of Health, Defendants.

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

April 21, 1993.

Attorney(s) appearing for the Case

The Legal Aid Society, New York City, by Jean T. Schneider, Constance P. Charden, Susan Sternberg by Jane E. Booth, Leah Hill, Civil Appeals & Law Reform Unit, Brooklyn Legal Services Corp. B, Brooklyn, NY by Jane Greengold Stevens, Lauren Shapiro, Timothy Bradley, Cardozo Bet Tzedek Legal Services, New York City by Toby Golick, for plaintiffs.

O. Peter Sherwood, Corp. Counsel for the City of New York, New York City, by Robert Katz, Muriel Goode-Trufant, for defendants Kings County Hosp., Bernard Rose, New York City Health and Hospitals Corp., J. Emilio Carrillo, and The Board of Directors of the New York City Health and Hospitals Corp.

Robert Abrams, Atty. Gen. for State of NY, New York City by Susan Watson, for defendants Cesar Perales and Lorna McBarnette.

Mary Jo White, U.S. Atty., E.D.N.Y., Brooklyn, NY, by Richard Goldstein, Asst. U.S. Atty., by Linda Ruiz, Office of General Counsel, Department of Health and Human Services, for amicus curiae Secretary of Health and Human Services.

MEMORANDUM and ORDER

RAGGI, District Judge:

Kings County Hospital Center, its director Bernard Rose, the New York City Health and Hospitals Corporation, its Board of Directors, and the President of its Board, J. Emilio Carrillo, (referred to collectively herein as "the City defendants"), move to dismiss that portion of plaintiffs' proposed class action brought under 42 U.S.C. § 1983 (1988), for violations of Title XIX of the Social Security Act, more...

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