10 April 2001

The New York Times notes that New York City tried (and failed)
to get its aids office out of mandatory court supervision due
to that bureaucracy's past failures:

"A three-judge panel on Tuesday dismissed a challenge by New York City
attorneys to end federal oversight of the city's Division of AIDS Services
and Income Support. The original judgment in September 2000 mandated that
the city agency be monitored for three years for failing to provide adequate
services for thousands of people with AIDS. The federal judge in Brooklyn,
Sterling Johnson, Jr., found that the agency, an arm of the city's Human
Resources Administration (HRA), had delayed or ended subsistence benefits
like emergency housing rent assistance, food and Medicaid for about 25,000
New Yorkers who have AIDS or are HIV-positive.

The decision by the US Court of Appeals for the Second Circuit now sends the
matter back to Federal District Court. The US Court of Appeals justices said
in their ruling that they lacked jurisdiction. The return to circuit court
prompted the city's corporation counsel to say that he would appeal again,
"once the case becomes final." Housing Works Inc., an AIDS service group
that brought the class-action lawsuit, had hoped that the federal court
would simply uphold the lower court decision. Armen Merijan, a Housing Works
lawyer said of the decision, "Substantially there's been no change."


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