HEBREW HOSPITAL HOME, INC. v. NOVELLO


303 A.D.2d 255 (2003)

755 N.Y.S.2d 838

HEBREW HOSPITAL HOME, INC., Appellant, v. ANTONIA NOVELLO, M.D., as Commissioner of Health of the State of New York, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 18, 2003.


The complaint failed to state a cause of action because the named defendants, who are State officials sued in their official capacity for their official conduct in recouping the funds at issue, are not subject to suit under 42 USC § 1983, the relief sought by the plaintiff, i.e., payment of money alleged to have been wrongfully recouped based on the past conduct of defendants, being exclusively retrospective and not directed at remedying any continuing violation of federal...

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