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DeLUCA v. HAMMONS

No. 95 Civ. 7903 (LMM).

927 F.Supp. 132 (1996)

Frances DeLUCA, Ida Rozenberg Percell Hicks, Percy Brienza, Seymour Yelovich, David Borinsky, Bertha Goldman, Maria Rivera, Sylvia Cohen, Adelina Ponce, and Jean Freedman, on behalf of themselves and all others similarly situated, and Ben Kaplan, Mary Meyers, and Anna D'Onofrio, on behalf of themselves and all others similarly situated, Plaintiffs, v. Marva Livingston HAMMONS, as Commissioner of the New York City Department of Social Services; and Brian J. Wing, as Acting Commissioner of the New York State Department of Social Services, Defendants.

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

June 7, 1996.

Attorney(s) appearing for the Case

Valerie J. Bogart, Jonathan A. Weiss, Legal Services for the Elderly, New York City, Scott A. Rosenberg (Donna H. Lee, of counsel), The Legal Aid Society, Civil Appeals and Reform Unit, New York City, Molly S. Boast, Jonathan A. Damon, LeBoeuf, Lamb, Greene & MacRae, New York City, for Plaintiffs.

Dennis C. Vacco, Attorney General of the State of New York, New York City, for Defendants.

MEMORANDUM AND ORDER

McKENNA, District Judge.

I. Introduction

This action is brought by Plaintiffs to challenge the legality of N.Y.Comp.Codes R. & Regs. tit. 18, ("18 N.Y.C.R.R."), § 505.14(a)(6)(ii)(b) ("the Initial Cap Regulation"), a New York state regulation that limits the number of home-care attendant hours that can be allocated to Medicaid recipients who are initial applicants for home care.

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