GREENERY REHABILITATION GROUP, INC. v. HAMMON

Docket Nos. 97-6236, 97-6238

150 F.3d 226 (1998)

The GREENERY REHABILITATION GROUP, INC., Plaintiff-Appellee, v. Marva L. HAMMON, as Commissioner of the New York City Human Resources Administration, City of New York, Brian J. Wing, as Acting Commissioner of the New York State Department of Social Services, and Barbara A. DeBuono, as Commissioner of the New York State Department of Health, Defendants-Third-Party-Plaintiffs-Appellants, Donna E. Shalala, as Secretary of the United States Department of Health and Human Services, Third-Party-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 28, 1998.


Attorney(s) appearing for the Case

Hermes A. Fernandez, Bond, Schoeneck & King, LLP, Albany, NY, (Gregory J. Champion, of counsel), for Plaintiff-Appellee.

Jeffrey D. Friedlander, Acting Corporation Counsel of the City of New York, New York City (Stephen J. McGrath, Ellen Ravitch, of counsel), for Defendants-ThirdParty-Plaintiffs-Appellants Marva L. Hammon and the City of New York.

Victor Paladino, Assistant Attorney General of the State of New York, Albany, NY (Dennis C. Vacco, Attorney General of the State of New York, Albany, NY, Peter G. Crary, Assistant Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General of the State of New York, Albany, NY, of counsel), for Defendants-ThirdParty-Plaintiffs-Appellants Brian J. Wing and Barbara DeBuono.

Sushma Soni, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, (Barbara C. Biddle, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, Frank W. Hunger, Assistant United States Attorney General, United States Department of Justice, Washington, DC, Thomas J. Maroney, United States Attorney for the Northern District of New York, Syracuse, NY, of counsel), for Third-Party-Defendant-Appellant.

Before: KEARSE, MINER, Circuit Judges, and KEENAN, District Judge.


MINER, Circuit Judge:

Defendants - third - party - plaintiffs - appellants the City of New York, Marva L. Hammon, Commissioner of the New York City Human Resources Administration, Brian J. Wing, former Acting Commissioner of the New York State Department of Social Services, Barbara DeBuono, Commissioner of the New York State Department of Health, and third-party-defendant-appellant Donna E. Shalala, Secretary of the United States Department of Health and Human Services...

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