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COLSON ON BEHALF OF COLSON v. SILLMAN

No. 1370, Docket 93-7623.

35 F.3d 106 (1994)

Ann Marie COLSON, on Behalf of her infant daughter Laura COLSON; Darryl Battaglia; Valerie White, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Eugene SILLMAN, as Medical Director of Erie County; David Bogdan, as supervisor of Erie County's Physically Handicapped Children's Program; Donald B. Thomas, as Commissioner of the Erie County Department of Health, Defendants, Fe A. Cardona, as Director of the Special Children Services, Bureau of Child Health, New York State Department of Health; David Axelrod, as Commissioner of the New York State Department of Health, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 15, 1994.

Attorney(s) appearing for the Case

John McConnell, Asst. Atty. Gen., State of N.Y., Albany, NY (G. Oliver Koppell, Atty. Gen. of the State of N.Y., Peter Schiff, Deputy Sol. Gen., of counsel), for defendants-appellants.

James R. Sheldon, Neighborhood Legal Services, Inc., Buffalo, NY, for plaintiffs-appellees.

Before: CARDAMONE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Officials of the New York State Department of Health appeal from Judge Arcara's order granting partial summary judgment to appellees Colson, Battaglia, White, and others similarly situated ("applicants"). See Colson ex rel. Colson v. Sillman, 852 F.Supp. 1183 (W.D.N.Y.1992). Summary judgment was granted on their claim under 42 U.S.C. § 1983 that New York's Public Health Law, N.Y.Pub.Health L...

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