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HOUSING WORKS, INC. v. CITY OF NEW YORK

No. 99-9362.

203 F.3d 176 (2000)

HOUSING WORKS, INC., Plaintiff-Appellee, v. CITY OF NEW YORK; New York City Department Of Homeless Services (DHS), Martin Osterreich, Commissioner of DHS; Susan Wiviott, Associate Commissioner of DHS; John/Jane Does # 1-10, Defendants-Appellants, United States Department of Housing and Urban Development (HUD); and Andrew Cuomo, Secretary of HUD, Defendants.

United States Court of Appeals, Second Circuit.

Decided: February 10, 2000.

Attorney(s) appearing for the Case

Matthew D. Brinckerhoff, Emery Cuti Brinckerhoff & Abady PC (David H. Gans, of counsel), New York, New York, for Plaintiff-Appellee.

Alan Beckoff, Assistant Corporation Counsel (Michael D. Hess, Corporation Counsel of the City of New York; Stephen J. McGrath, Bob Bailey, Naomi Sheiner, Assistant Corporation Counsels, of counsel), New York, New York, for Defendants-Appellants.

Meredith E. Kotler, Assistant United States Attorney (Mary Jo White, United States Attorney for the Southern District of New York, of counsel), New York, New York, for Defendant United States Department of Housing and Urban Development.

Before: WINTER, Chief Judge, JACOBS and CALABRESI, Circuit Judges.

Judge JACOBS files a concurring opinion.

PER CURIAM.

This is an appeal from a preliminary injunction entered by Judge Schwartz at the request of Housing Works, Inc. ("HW"). The issue arises from HW's 1999 applications for the funding of two projects by the Department of Housing and Urban Development ("HUD"). Many such applications from various organizations were made to HUD, and funding turned upon the rank given each project by appellants (collectively, the...

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