CATANZANO BY CATANZANO v. WING

Nos. 24, 427, 68, 70 and 69, Dockets 95-9037L, 95-9243, 95-9255, 95-9257 and 95-9277.

103 F.3d 223 (1996)

Michele CATANZANO, by her parent and next friend, Sam CATANZANO, Francine Catanzano, and Sarah Trafton, on behalf of herself and all persons similarly situated, Plaintiffs-Appellees, Jannie Wilson, Mary Jane Smith, and Charles Smith, Intervenors-Plaintiffs-Appellees, Andrew Doniger, M.D., as Director of the Monroe County Department of Health, and Richard F. Schauseil, as Acting Director of the Monroe County Department of Social Services, Defendants-Third-Party-Plaintiffs, v. Brian WING, as Acting Commissioner of the New York State Department of Social Services, Defendant-Appellant, Visiting Nurse Service of New York Home Care, Metropolitan Jewish Geriatric Center, and Home Care Association of New York State, Inc., Movants-Appellants, Mary Jo Bane, Defendant-Third-Party-Defendant, Mark Chassin, as Commissioner of the State of New York Department of Health, Third-Party-Defendant, W. Burton Richardson and Joel Nitzken, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 23, 1996.


Attorney(s) appearing for the Case

Peter G. Crary, Assistant Attorney General of the State of New York, Albany, NY (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Patrick Barnett-Mulligan, Assistant Attorney General, of counsel), for Defendant-Appellant.

Peter G. Bergman, Cadwalader, Wickersham & Taft, New York City (Eileen M. Considine, Hinman, Straub, Pigors & Manning, P.C., Albany, NY, of counsel), for Movants-Appellants VNS and MJGC.

Thomas F. Gleason, Gleason, Dunn, Walsh & O'Shea, Albany, NY, for Movant-Appellant HCA.

Ellen Yacknin, Greater Upstate Law Project, Inc., Rochester, NY (Bryan D. Hetherington, Susan Ann Silverstein, Public Interest Law Office of Rochester, Rochester, NY, of counsel), for Plaintiffs-Appellees and Intervenors-Plaintiffs-Appellees.

Before: OAKES and CALABRESI, Circuit Judges, and CONNER, District Judge.


CALABRESI, Circuit Judge:

Complex regulatory schemes produce complex cases. And the interplay between complex state and federal statutory and regulatory schemes produces very complicated cases. This is just such a case. In it, we consider the scope of our prior decision, Catanzano v. Dowling, 60 F.3d 113 (2d Cir.1995), and the extent to which it already decided various issues of federal and state statutory and regulatory law...

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