Juana RODRIGUEZ, by her son and next friend, Wilfredo RODRIGUEZ, Amelia Russo, Mary Weinblad, by her daughter and next friend, Susan Downes, Cristos Gouvatsos, Sidonie Bennett, individually and on behalf of all others similarly situated, Plaintiffs-Appellees-Cross-Appellants,
Ruvim Aselrod, Intervenor-Plaintiff-Appellee-Cross-Appellant,
v.
Barbara A. DeBUONO, Commissioner of the New York State Department of Health, Brian Wing, Acting Commissioner of the New York State Department of Social Services, Defendants-Appellants-Cross-Appellees,
City of NY, Commissioner of the Westchester County Department of Social Services, Commissioner of Suffolk County Department of Social Services, Irene Lapidez, Commissioner Nassau County Department of Social Services, Intervenor-Defendants-Appellants-Cross-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued May 6, 1998.
Decided November 16, 1998.
Attorney(s) appearing for the Case
James M. Hershler, Assistant Attorney General of the State of New York, New York, N.Y. (Dennis C. Vacco, Attorney General of the State of New York, John W. McConnell, Deputy Solicitor General, Robert A. Forte, Assistant Attorney General, New York, NY, of counsel), for Defendants-Appellants-Cross-Appellees.
Mordecai Newman, New York, N.Y. (Paul A. Crotty, Corporation Counsel of the City of New York, Larry A. Sonnenshein, Judith C. McCarthy, Corporation Counsel's Office of the City of New York, New York, NY, of counsel), for Intervenor-Defendant-Appellant-Cross-Appellee City of NY.
Leslie F. Salzman, Cardozo Bet Tzedek Legal Services, New York, N.Y. (Toby Golick, Sandra Kraus, Frances Mingoia, Cardozo Bet Tzedek Legal Services, New York, NY, on the brief; Donna Dougherty, Queens Legal Services for the Elderly, Rego Park, NY, of counsel; Michael D. Scherz, New York Legal Assistance Group, New York, NY, of counsel), for Plaintiffs-Appellees-Cross-Appellants.
Michael T. Hopkins, Hopkins Kopilow & Weil, Garden City, NY, of counsel, for Intervenor-Defendant-Appellant Lapidez, Commissioner Nassau County Department of Social Services.
(Gregory F. Meehan, Acting Westchester County Attorney, Stacey Dolgin-Kmetz, Deputy County Attorney, Linda M. Trentacoste, Sr. Assistant County Attorney, Lori Alessio, White Plains, NY, of counsel), for Intervenor-Defendant-Appellant-Cross-Appellee Commissioner of the Westchester County Department of Social Services.
(Robert J. Cimino, Suffolk County Attorney, Barbara Barton, Assistant County Attorney, Theodore D. Sklar, Hauppauge, NY, of counsel), for Intervenor-Defendant-Appellant-Cross-Appellee Commissioner of Suffolk County Department of Social Services.
(Valerie J. Bogart, Center for Disability Advocacy Rights, New York, NY, of counsel), for Amici Curiae The Alzheimer's Disease and Related Disorders Association, Inc., National Office and New York City Chapter, American Association of Retired Persons, National Association of Protections and Advocacy Systems, National Alliance for the Mentally Ill, Friends and Relatives of the Institutionalized Aged, Inc., Nursing Home Community Coalition of New York, Discharge Planning Association of New York City, National Senior Citizens Law Center, New York StateWide Senior Action Council, and Disabled in Action of Metropolitan New York, Ltd.
Before: McLAUGHLIN, PARKER and PHILLIPS, Jr., Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM.
Barbara A. DeBuono, Commissioner of the New York State Department of Health, and Brian Wing, Acting Commissioner of the New York State Department of Social Services (together, the "State"), as well as the respective Departments of Social Services of the City of New York (the "City"), Nassau County ("Nassau"), Westchester County ("Westchester"), and Suffolk County ("Suffolk") (collectively "Intervenor-Defendants" and with the State, "Defendants") appeal...
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