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MEDICAL SOC. OF. STATE OF N. Y. v. TOIA

No. 1138, Docket 77-7097.

560 F.2d 535 (1977)

The MEDICAL SOCIETY OF the STATE OF NEW YORK, a New York not-for-profit Corporation, Morton M. Koff, M.D., Milton Rosenberg, M.D., Jane Doe and Raymond Ortega, Plaintiffs-Appellees, v. Philip TOIA, as Commissioner of Social Services of the State of New York, and Robert P. Whalen, M.D., as Commissioner of Health of the State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 8, 1977.

Attorney(s) appearing for the Case

David L. Birch, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of N.Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for defendants-appellants.

Charles P. Sifton, New York City (LeBoeuf, Lamb, Leiby & MacRae, Richard C. Cole, New York City, of counsel), for plaintiffs-appellees.

Before OAKES and VAN GRAAFEILAND, Circuit Judges, and NEAHER, District Judge.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York preliminarily enjoining the implementation of subdivision 5(a), (b), (c) and (e) of § 365-a of the New York Social Services Law (McKinney Supp. 1976-77), which became effective on July 27, 1976.1 Because the District Court made its determination solely on the basis of pleadings, affidavits and depositions...

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