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UNITED CEREBRAL PALSY ASSOCIATIONS v. CUOMO

No. 1344, Dockets 92-7195, 92-7235.

966 F.2d 743 (1992)

UNITED CEREBRAL PALSY ASSOCIATIONS OF NEW YORK STATE, INC., Plaintiff-Appellant, and The St. Luke's-Roosevelt Hospital Center, Intervenor-Plaintiff-Appellant, v. Mario CUOMO, as Governor of the State of New York, Elin Howe, as Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, Lorna McBarnette, as Acting Commissioner of the New York State Department of Health, Gregory M. Kaladjian, as Acting Commissioner of the New York State Department of Social Services, Patrick Bulgaro, as Director of the New York State Division of the Budget, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 11, 1992.

Attorney(s) appearing for the Case

Steven H. Mosenson, New York City (Glenn M. Rickles, Gen. Counsel, United Cerebral Palsy Assoc. of N.Y.S., Inc., New York City, of counsel), for plaintiff-appellant.

Edward S. Kornreich, New York City (Stephen P. Kramer, Stephen A. Wieder, Proskauer Rose Goetz & Mendelsohn, New York City, of counsel), for intervenor-plaintiff-appellant.

Judith I. Ratner, Asst. Atty. Gen. of the State of New York, Albany, N.Y. (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Peter G. Crary, Asst. Atty. Gen., Albany, N.Y., of counsel), for defendants-appellees.

Richard A. Levy, New York City (Mitra Behroozi, Fanette Pollack, Eisner, Levy, Pollack & Ratner, New York City, of counsel), for amicus curiae, Local 1199, Drug, Hosp. & Health Care Employees Union.

Before MINER and McLAUGHLIN, Circuit Judges, and OWEN, Senior District Judge.

OWEN, Senior District Judge:

Plaintiff United Cerebral Palsy Associations of New York ("UCPA") and Intervenor-plaintiff The St. Luke's-Roosevelt Hospital Center appeal from an interlocutory order of the United States District Court for the Northern District of New York, (Con. G. Cholakis, Judge) 783 F.Supp. 43 (N.D.N.Y.1992) denying their motion for a preliminary injunction. They seek to preliminarily enjoin New York State from...

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