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HEALTHCARE ASS'N OF N.Y. STATE, INC. v. PATAKI

No. 1:03-CV-0413.

388 F.Supp.2d 6 (2005)

HEALTHCARE ASSOCIATION OF NEW YORK STATE, INC.; New York Association of Homes and Services for the Aging, Inc.; New York State Health Facilities Association, Inc.; NYSARC, Inc.; United Cerebral Palsy Associations of New York State, Inc., Plaintiffs, v. George E. PATAKI, Governor of the State of New York; Eliot Spitzer, Attorney General of the State of New York; Linda Angello, Commissioner of Labor of the State of New York, Defendants.

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

May 17, 2005.

Attorney(s) appearing for the Case

O'Connell and Aronowitz (Jeffrey J. Sherrin, of counsel), Albany, NY, for Plaintiffs.

Eliot Spitzer (Seth Kupferberg, Assistant Attorney General, of counsel), New York City, for Defendants.

Eliot Spitzer (Stephen M. Kerwin, Assistant Attorney General, of counsel), Albany, NY, for Defendants.

Jones Day (Willis J. Goldsmith, Yoora Pak, of counsel), Washington, DC, for Amici Curiae Chamber of Commerce of the United States of America, et al.

Whiteman Osterman & Hanna (Joel L. Hodes, of counsel), Albany, NY, for Amicus Curiae New York State Association of Health Care Providers, Inc.

Brennan Center for Justice (Paul K. Sonn, of counsel), New York City, for Amici Curiae Brennan Center for Justice; AARP; Center for Disability Rights; etc. Brennan Center for Justice at NYU School of Law.

MEMORANDUM-DECISION AND ORDER

MCCURN, Senior District Judge.

Introduction

Plaintiffs are a group of five health care organizations, whose members or affiliates provide a broad range of health care services, such as operating "220 acute care hospitals," "nearly 300 residential health care facilities," and providing services to individuals "with mental retardation and other developmental disabilities[.]" Amended Complaint ("Co.") at 4, ¶...

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