CATANZANO v. WING

Docket No. 99-9197.

277 F.3d 99 (2001)

Michele CATANZANO, Francine Catanzano, Sam Catanzano, Sarah Trafton, on behalf of herself and all persons similarly situated, Plaintiffs-Appellants, Jannie Wilson, Mary Jane Smith and Charles Smith, Intervenor-Plaintiffs-Appellants, v. Brian J. WING, as Acting Commissioner of the New York State Department of Social Services and Barbara A. DeBuono, as Commissioner of the New York State Department of Health, Third-Party-Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: December 7, 2001.


Attorney(s) appearing for the Case

Ellen M. Yacknin, Greater Upstate Law Project, Rochester, NY (Bryan D. Hetherington, Public Interest Law Office of Rochester, on the brief), for Plaintiffs-Appellants and Intervenor-Plaintiffs-Appellants.

Patrick Barnett-Mulligan, Assistant Solicitor General, Attorney General's Office, State of New York, Albany, NY (Eliot Spitzer, Attorney General of the State of New York, Nancy A. Spiegel, Assistant Solicitor General, Peter H. Schiff, Senior Counsel, on the brief), for Third-Party-Defendants-Appellees.

Before: CALABRESI, PARKER, Circuit Judges, and TRAGER, District Judge.


PARKER, Circuit Judge.

In 1989, Michele Catanzano brought suit in the United States District Court for the Western District of New York (David G. Larimer, Judge) to compel the Monroe County, New York Department of Social Services and Department of Health to provide her with notice, a hearing, and the continuation of her home health services ("aid-continuing") after a Certified Home Health Agency ("CHHA") authorized...

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