Michelle CATANZANO, by her parent and next friend, Sam CATANZANO, et al., Plaintiffs,
v.
Michael DOWLING, as Commissioner of the New York State Department of Social Services and Richard Schauseil, as Acting Director of the Monroe County Department of Social Services, Andrew Doniger, M.D., as Director of the Monroe County Department of Health, Defendants.
Richard SCHAUSEIL, as Acting Director of the Monroe County Department of Social Services, and Andrew Doniger, M.D., as Director of the Monroe County Department of Health, Third-Party Plaintiffs,
v.
Michael DOWLING, as Commissioner of the New York State Department of Social Services, and Mark Chassin, as Commissioner of the New York State Department of Health, Third-Party Defendants.
United States District Court, W.D. New York.https://leagle.com/images/logo.png
September 20, 1995.
September 20, 1995.
Attorney(s) appearing for the Case
Elizabeth L. Schneider, Monroe County Legal Assistance Corp., Rochester, NY, for plaintiffs Michele Catanzano, Francine Catanzano, Sam Catanzano, Sarah Trafton, and intervenors-plaintiffs Jannie Wilson, Mary Jane Smith and Charles Smith.
John P. Costello, Rochester, NY, for defendants W. Burton Richardson, Joel Nitzken, Mary Jo Bane, as Commissioner of New York State Department of Social Services, Richard F. Schauseil, Andrew Doniger, as Director of the Monroe County Department of Health, Richard F. Schauseil as Acting Director of Monroe County Department of Social Services, Andrew Doniger.
James L. Gelormini, Office of New York State, Attorney General, Rochester, NY, for defendant Gregory D. Kaladjian, Acting Commissioner of New York State Department of Social Services and third-party defendants Cesar A. Perales, David Axelrod, Mark Chassin, M.D., as Com'r of New York State Dept. of Health, Gregory M. Kaladjian, as Acting Com'r of New York State Dept. of Social Services.
John P. Costello, Rochester, NY, James L. Gelormini, Office of New York State, Attorney General, Rochester, NY, for third-party defendant Mary Jo Bane, as Commissioner of the New York State Department of Social Services.
Mark T. Walsh, Gleason, Dunn, Walsh & O'Shea, Albany, NY, for amicus curiae Home Care Association.
United States District Court, W.D. New York.
LARIMER, District Judge.
BACKGROUND
On June 22, 1995, this Court issued a Decision and Order directing the parties to work together to prepare a final plan to implement the Court's preliminary injunction, which was entered on March 31, 1994. The parties were further directed to submit to the Court their plan or, if they could not agree on one, their areas of dispute.
Defendant Dowling ("the State") submitted the State's proposed plan and supporting...
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