Supreme Court, Albany County, New York
594 N.Y.S.2d 605 (1993)
Since 1979, Mauceri (plaintiff) owned and operated a home-based business that provided names of home health aides to patients and their families for a fee. The patient or family would then contact the aide to work out the details regarding schedule, duties, etc. Mauceri, however, did not ascertain the qualifications of the aides nor kept any medical records on his clientele patients. In 1990, the state’s department of health (DOH) received a complaint that Mauceri was operating an unlicensed home care services agency. When the DOH informed Mauceri that the law mandated that she obtain a license to continue her enterprise, Mauceri argued that the pertinent statute did not cover her business.
Rule of Law
Holding and Reasoning (not provided)
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