Concerned Home Care Providers, Inc. et al v. Cuomo et al
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|Date Filed||#||Document Text|
|September 25, 2013
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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