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ALIESSA v. WHALEN

181 Misc.2d 334 (1999)

694 N.Y.S.2d 308

MOHAMMED ALIESSA et al., Plaintiffs, v. DENNIS WHALEN, as Acting Commissioner of the New York State Department of Health, Defendant.

Supreme Court, New York County.

May 17, 1999.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Jane E. Sabel, Elisabeth Ryden Benjamin and Emma Hunt of counsel), New York Legal Assistance Group, New York City (Yisroel Schulman and Constance Carden of counsel), and Greater Upstate Law Project, Rochester (Ellen Yacknin of counsel), for plaintiffs.

Eliot Spitzer, Attorney General, New York City (Michael B. Siller of counsel), for defendant.

OPINION OF THE COURT

SHEILA ABDUS-SALAAM, J.

"All of our people all over the country—except the pure-blooded Indian—are immigrants or descendants of immigrants, including even those who came over here on the Mayflower."1 This sound reminder was delivered to Americans by President Franklin D. Roosevelt in a 1944 campaign speech. Over 50 years later, Congress, a body comprised...

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