MUSSINGTON v. ST. LUKE'S-ROOSEVELT HOSP. CENTER

No. 1254, Docket 93-7856.

18 F.3d 1033 (1994)

Yvonne MUSSINGTON, individually and on behalf of her son, Jonathon Jacobs; Rosemary Johnson, individually and on behalf of her children, Edward Cuffee, Jr., Tony Johnson, Roger Cuffee, Shamaekia Cuffee, Jennifer Cuffee, Jessica Cuffee, Kevin Cuffee, and Veronica Johnson; Church of the Intercession; Iglesia Episcopal de Santa Maria; Religious Committee on the New York City Health Crisis, Inc.; Riverside Church Office of Social Justice; St. Mary's Episcopal Church Manhattan; and Upper Manhattan Anglican/Episcopal Clergy Association, Plaintiffs-Appellants, v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, the New York State Department of Health, and Mark R. Chassin, Commissioner of Health, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 10, 1994.


Attorney(s) appearing for the Case

Individual citizens, three churches, and three church groups appeal from judgment of the United States District Court for the Southern District of New York, John S. Martin, Jr., Judge.

Charles S. Sims, Proskauer, Rose Goetz & Mendelsohn, New York City (Edward S. Kornreich, Deborah J. Jacobs, Proskauer, Rose Goetz & Mendelsohn, Patty Lipshutz, St. Luke's-Roosevelt Hosp. Center, of counsel), for defendant-appellee St. Luke's-Roosevelt Hosp. Center.

Barbara K. Hathaway, Asst. Atty. Gen. of the State of N.Y., New York City (G. Oliver Koppell, Atty. Gen. of the State of N.Y., of counsel), for defendants-appellees Dept. of Health and Chassin.

Maya D. Wiley, NAACP Legal Defense and Educational Fund, Inc., New York City (Elaine R. Jones, Theodore M. Shaw, NAACP Legal Defense and Educational Fund, Inc., William H. Voth, Steven Shiffman, Arnold & Porter, Kenneth Kimerling, Nina Perales, Puerto Rican Legal Defense & Education Fund, Inc., of counsel), for plaintiffs-appellants.

Before: WALKER and JACOBS, Circuit Judges, and CARMAN, Judge.


PER CURIAM:

Plaintiffs are individual citizens, three churches, and three church groups who brought suit against St. Luke's-Roosevelt Hospital Center (the "Hospital") and New York state health officials to enjoin the Hospital's transfer of pediatric, obstetric, and neonatal care services and medical-surgical beds from their present location in a low-income neighborhood with a high minority population to a site located in a higher-income neighborhood with a lower minority...

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