NYC COALITION v. GIULIANI


187 Misc.2d 425 (2000)

720 N.Y.S.2d 298

NEW YORK CITY COALITION TO END LEAD POISONING et al., Plaintiffs, v. RUDOLPH W. GIULIANI, as Mayor of New York City, et al., Defendants.

Supreme Court, New York County.

November 3, 2000.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Anne M. Bomser of counsel), for defendants.

Northern Manhattan Improvement Corporation Legal Services, New York City (Kenneth Rosenfeld, Matthew J. Chachère and James M. Baker of counsel), and Cardozo Bet Tzedek Legal Services, New York City (Toby Golick of counsel), for plaintiffs.


OPINION OF THE COURT

LOUIS B. YORK, J.

Background

In pertinent part, this action is brought on behalf of numerous individual plaintiffs who allege that their rights under the Medicaid Act (42 USC § 1396) have been violated. They allege that the municipal and State defendants have failed to provide an adequate lead-poisoning screening, diagnosis, and treatment program as required of States that accept Federal dollars through the...

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