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GAGE v. NEW YORK STATE DEPT. OF HEALTH

No. 1:01-CV-430.

204 F.Supp.2d 399 (2002)

Joan GAGE and Karen Jurutka, as Guardians of the Person and Property of William J. Osika and Madeline Osika, Plaintiffs, v. The NEW YORK STATE DEPARTMENT OF HEALTH; and Antonia C. Novello, M.D., as Commissioner of the New York State Department of Health, Defendants.

United States District Court, N.D. New York.

May 29, 2002.

Attorney(s) appearing for the Case

Klein & Klein, P.C., Kingston, NY, for plaintiffs, Steven H. Klein, of counsel.

Eliot Spitzer, Attorney General of the State of New York, Office of the Attorney General, Albany, NY, for defendants, Lisa Ullman, Asst. Atty. Gen., of counsel.

MEMORANDUM-DECISION AND ORDER

HURD, District Judge.

I. INTRODUCTION

On March 23, 2001, plaintiffs Joan Gage and Karen Jurutka (collectively "plaintiffs") commenced the instant action against defendants New York State Department of Health (the "Department of Health") and Antonia C. Novello, M.D. ("Novello"), in her official capacity as Commissioner of the New York State Department...

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