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CONCERNED HOME CARE PROVIDERS, INC. v. CUOMO

No. 1:12-CV-340 (NAM/CFH).

979 F.Supp.2d 288 (2013)

CONCERNED HOME CARE PROVIDERS, INC.; American Chore Services, Inc., d/b/a City Choice Home Care Services; Community Home Care Referral Service, Inc.; Eagle Home Care, LLC; Pella Care, LLC; Platinum Home Health Care, Inc.; St. Mary's Healthcare System for Children, Plaintiffs, v. Andrew M. CUOMO, in his capacity as the Governor of the State of New York and Nirav R. Shah M.D., M.P.H. in his capacity as the Commissioner of the New York State Department of Health, Defendants.

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

September 25, 2013.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, Philip Rosenberg, Esq. , of counsel, Benjamin F. Neidl, Esq. , of counsel, Albany, NY, for Plaintiffs.

Hon. Eric T. Schneiderman , Attorney General of the State of New York, Krista A. Rock, Esq. , Assistant New York State Attorney, New York State Attorney General — Albany Office, Albany, NY, and Seth Kupferberg, Esq. , Assistant New York State Attorney, New York, NY, for Defendants.

MEMORANDUM-DECISION AND ORDER

Hon. NORMAN A. MORDUE, Senior District Judge.

INTRODUCTION

Plaintiffs, an association of home care providers and six providers of home health care services, brought this action seeking a judgment declaring the invalidity of New York Public Health Law ("PHL") § 3614-c, entitled "Home care worker wage parity" ("Wage Parity Law"), and a permanent injunction prohibiting defendants from enforcing the statute. Plaintiffs...

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