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KELLY KARE, LTD. v. O'ROURKE

No. 90 Civ. 7418 (GLG).

751 F.Supp. 1154 (1990)

KELLY KARE, LTD.; Joan C. Kelly; Kevin McNulla, on behalf of himself and all others similarily situated; and Charlotte Cohen, on behalf of herself and all others similarly situated, Plaintiffs, v. Andrew P. O'ROURKE, Westchester County Executive; Westchester County; Westchester County Department of Social Services; John J. Allen or his successor, Commissioner of the Westchester County Department of Social Services ("WCDSS"); S. Reitano, First Deputy Commissioner WCDSS; Phyllis Shearer, Deputy Commissioner WCDSS; Joseph J. Campanella, Program Coordinator of WCDSS; Joseph Loscri, Accountant WCDSS; Patricia Quirk, Supervising Examiner WCDSS; Adrienne Young, Program Coordinator of WCDSS; Ms. Califano, WCDSS Supervisor; Cindy Capone, WCDSS Personal Care Worker; and Donald Williams, WCDSS caseworker, Defendants.

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

December 7, 1990.

Attorney(s) appearing for the Case

Vedder, Price, Kaufman, Kammholz & Day, New York City (James Frank, Neal A. Capobianco, of counsel), for plaintiffs.

Marilyn J. Slaatten, County Atty., Westchester County, White Plains, N.Y. (Brian J. Powers, Deputy County Atty., of counsel), for defendants.

OPINION

GOETTEL, District Judge.

The plaintiff, Kelly Kare, Ltd., is a qualified Medicaid provider affording personal care services to indigent, disabled persons. Joan C. Kelly is its president and principal owner. The personal care services provided to Medicaid recipients include homemaker and housekeeping services. A worker generally serves only a single recipient and, indeed, many recipients have two or more persons assigned to their care in order to...

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