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

No. 1634, Docket 91-9364.

976 F.2d 812 (1992)

MEDICAL SOCIETY OF the STATE OF NEW YORK, American Medical Association and Isadore Rosenfeld, M.D., Plaintiffs-Appellants, v. Mario M. CUOMO, Governor of the State of New York, individually in his official capacity and David M. Axelrod, Commissioner of New York Department of Health, individually in his official capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 24, 1992.

Attorney(s) appearing for the Case

Richard D. Raskin, Chicago, Ill. (Jack R. Bierig, Chicago, Ill., Steven M. Bierman, New York City, Donald R. Moy, Lake Success, N.Y., Kirk B. Johnson, Edward B. Hirshfeld, Michael L. Ile, Chicago, Ill., of counsel), for plaintiffs-appellants.

Brian T. McGovern, Asst. Atty. Gen., State of N.Y., New York City (Robert Abrams, Atty. Gen., State of N.Y., of counsel) for defendants-appellees.

Yisroel Schulman, New York Legal Asst. Group, New York City, submitted an amici curiae brief for New York Statewide Senior Action Council, Citizen Action of New York, New York State Coalition of the Concerned for Older Americans, New York State Council of Senior Citizens, Brooklyn-Wide Interagency Council of the Aging, Institute of the Puerto Rican/Hispanic Elderly, and Joint Public Affairs Committee for Older Adults.

Before: OAKES, Chief Judge, McLAUGHLIN, Circuit Judge, and LAY, Senior Circuit Judge.

McLAUGHLIN, Circuit Judge:

Plaintiffs, the Medical Society of the State of New York, the American Medical Association, and Isadore Rosenfeld, M.D. ("Appellants") appeal from a judgment entered in the United States District Court for the Southern District of New York (Charles S. Haight, Jr., Judge) granting summary judgment to the State of New York and Doctor David M. Axelrod, Commissioner of the New York Department of Health (collectively "the State" or "New...

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