Fair Housing Justice Center, Inc. et al v. Cuomo et al
||Fair Housing Justice Center, Inc., Jane Doe and John Doe
||Andrew M. Cuomo, Howard A. Zucker, New York State Department of Health, Elm York LLC, Madison York Assisted Living Community, LLC, Madison York Rego Park LLC and Village Housing Development Fund Corporation
||April 12, 2018
||New York Southern District Court
||Foley Square Office
||Vernon S. Broderick
|Nature of Suit:
||Americans with Disabilities - Other
|Cause of Action:
|Jury Demanded By:
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|September 24, 2018
OPINION AND ORDER: For the foregoing reasons, Plaintiff's motion for a preliminary injunction is GRANTED IN PART and DENIED IN PART. Specifically, Plaintiff's motion is granted with respect to her request that I direct Defendant Village H ousing to permit her to return to her apartment unless and until a warrant of eviction is issued by a New York City court and executed by a New York City marshal. That relief is subject to Plaintiff's application to and enrollment in a Manage d Long-Term Care Program that provides adequate care and services to Plaintiff in her VillageCare apartment. The parties shall use their best efforts to have Plaintiff evaluated for a Managed Long-Term Care Program within three (3) weeks of the ent ry of this Opinion & Order. Plaintiff's motion is denied with respect to her request that I direct Defendant Village Housing to reenroll Plaintiff in its ALP and provide services pursuant to 18 NYCRR § 494.5. Should the relief granted pr esent difficulties for either party that make it unworkable, the parties shall submit a joint letter of no more than five (5) pages within one (1) week of the entry of this Opinion & Order outlining in detail the reasons why they believe the relief granted is unworkable. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/10/2018) (rro)
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