CONCOURSE REHABILITATION & NURSING CENTER v. WING

Docket No. 97-7222.

150 F.3d 185 (1998)

CONCOURSE REHABILITATION & NURSING CENTER INC.; Concourse Nursing Home, Plaintiffs-Appellants, v. Brian WING, individually and as Acting Commissioner of the New York State Department of Social Service; Barbara A. DeBuono, individually and as Commissioner of the New York State Department of Health, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 17, 1998.


Attorney(s) appearing for the Case

Marvin Neiman, Neiman Ginsburg & Mairanz, New York City (Theodore Mairanz, Betsy R. Malik, of counsel), for Plaintiffs-Appellants.

James M. Hershler, Assistant Attorney General of the State of New York, New York City (Dennis C. Vacco, Attorney General, Barbara G. Billet, Solicitor General, Thomas D. Hughes, Assistant Solicitor General, of counsel), for Defendants-Appellees.

Before: WINTER, Chief Judge, NEWMAN, and WALLACE, Circuit Judges.


WINTER, Chief Judge:

Concourse Rehabilitation & Nursing Center, Inc. and Concourse Nursing Home (collectively, "Concourse"), successors in the operation of a nursing care facility, appeal from Judge Mukasey's dismissal of their complaint against the Commissioners of the New York State Department of Health ("DOH") and Department of Social Services ("DSS"). The gravamen of Concourse's complaint is that appellees violated federal law by failing to comply with state...

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