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NYSA-ILA MEDICAL & CLINICAL SERVICES v. AXELROD

No. 1294, Docket 93-7221.

74 F.3d 28 (1996)

NYSA-ILA MEDICAL AND CLINICAL SERVICES FUND, by its Trustees, John Bowers, James Capo, Frank Lonardo, William P. Lynch, M. Brian Maher, James P. Melia, Gerald Owens, and Peter Vickers, Plaintiffs-Appellants, v. David AXELROD, M.D., in his capacity as New York State Commissioner of Health; Lorna H. McBarnette, in her capacity as New York State Executive Deputy Commissioner of Health; Steven C. Anderman, in his capacity as Deputy Director, Division of Health Care Financing, Office of Health Systems Management, New York State Department of Health, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 4, 1996.

Attorney(s) appearing for the Case

Donato Caruso, New York City (C. Peter Lambos, Lambos & Giardino, New York City; Thomas W. Gleason, Ernest L. Mathews, Jr., Gleason & Mathews, New York City), for Plaintiffs-Appellants.

M. Patricia Smith, Ass't Attorney General of Counsel, New York City (Dennis C. Vacco, Attorney General of the State of New York), for Defendants-Appellees.

Jeffrey J. Sherrin, Albany, New York (Sherrin & Glasel, Albany, New York), for Amicus Curiae.

Before: WALKER and JACOBS, Circuit Judges, and ZAMPANO, District Judge.

PER CURIAM:

On June 23, 1994, we entered a judgment and filed an opinion, NYSA-ILA Medical & Clinical Servs. Fund v. Axelrod, 27 F.3d 823, which reversed a summary judgment entered February 23, 1993 by the United States District Court for the Southern District of New York (John S. Martin, Jr., Judge). The district court had held that the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001

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