Concerned Home Care Providers, Inc. et al v. Cuomo et al
| Pella Care, LLC, Platinum Home Health Care, Inc., St. Mary's Healthcare System For Children, Concerned Home Care Providers, Inc., American Chore Services, Inc., Community Home Care Referral Service, Inc. and Eagle Home Care, LLC |
| Andrew M. Cuomo and Nirav R. Shah |
| 1:2012cv00340 |
| February 28, 2012 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| David R. Homer |
| Norman A. Mordue |
| Constitutionality of State Statutes |
| 29 U.S.C. ยง 1001 |
| None |
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Filing
26
MEMORANDUM-DECISION & ORDER that all claims against defendant Andrew M. Cuomo, Governor of the State of New York, are dismissed; that the relief requested in the second cause of action of the complaint is granted to the extent that the Court declares that subdivision 4 of the Wage Parity Law, N.Y. Public Health Law § 3614-c, is invalid as pre-empted by ERISA, and that N.Y. Public Health Law § 3614-c is otherwise valid; that as to defendant Nirav R. Shah M.D., M.P.H., Commissioner of the New York State Department of Health, dismissal of the second cause of action is denied; that defendant Commissioner Nirav R. Shah is permanently enjoined from enforcing subdivision 4 of N.Y. Public Health Law § 3614-c; that in all other r espects defendants motion (Dkt. No. 12) to dismiss the complaint is granted; and that plaintiffs having received all the relief to which they are entitled in this action, the case is closed. Signed by Senior Judge Norman A. Mordue on 9/24/2013. (see)
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