CATANZANO BY CATANZANO v. DOWLING

No. 1190, Docket 94-7873.

60 F.3d 113 (1995)

Michelle CATANZANO, by her parent and next friend, Sam CATANZANO, on behalf of herself and all persons similarly situated, Plaintiff-Appellee, v. Michael DOWLING, as Commissioner of the New York State Department of Health, Defendant-Appellant, Richard Schauseil, as Acting Director of the Monroe County Department of Social Services; and Andrew Doniger, M.D., as Director of the Monroe County Department of Health, Defendants-Third-Party-Plaintiffs, Michael Dowling, as Commissioner of the New York State Department of Social Services; and Mark Chassin, as Commissioner of the New York State Department of Health, Third-Party-Defendants.

United States Court of Appeals, Second Circuit.

Decided July 13, 1995.


Attorney(s) appearing for the Case

Patrick Barnett-Mulligan, Asst. Atty. Gen., Albany, NY (G. Oliver Koppell, Atty. Gen. of the State of NY, Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., of counsel) for defendant-appellant.

Bryan D. Hetherington, Rochester, NY (LeAnna Hart Gipson, Kenneth S. Shiotani, Elizabeth L. Schneider, Ellen Yacknin, Monroe County Legal Assistance Corp., of counsel) for plaintiff-appellee.

Before: MINER, ALTIMARI, and CALABRESI, Circuit Judges.


MINER, Circuit Judge:

Defendant-appellant Michael Dowling, in his capacity as Commissioner of the New York State Department of Health, appeals from an order entered on July 28, 1994 in the United States District Court for the Western District of New York (Larimer, J.) denying a motion to amend a preliminary injunction previously granted in favor of plaintiffs-appellees Michelle Catanzano and other applicants for home health care services under the Medicaid program...

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