Coleman v. Daines

Tom, J.E, and Sweeny, J.,

dissent in a memorandum by Tom,

J.E, as follows: This CFLR article 78 proceeding asserts that respondents acted in contravention of Social Services Law § 133 as well as federal and state law governing the grant of personal care attendant services, resulting in violation of petitioner’s civil rights under 42 USC § 1983. It seeks class action status on behalf of applicants who were not provided with temporary personal care attendant services because (A) the applicant had no notice of their availability or (B) temporary services were not made available despite the…