COKE v. LONG ISLAND CARE AT HOME, LTD.

Docket No. 03-7666-CV.

462 F.3d 48 (2006)

Evelyn COKE, Plaintiff-Appellant, v. LONG ISLAND CARE AT HOME, LTD., and Maryann Osborne, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 22, 2004.

Remanded: January 23, 2006.

Decided: August 31, 2006.


Attorney(s) appearing for the Case

Harold Craig Becker, Chicago, IL, (Michael Shen and Constantine P. Kokkoris, New York, NY, on the brief), for Plaintiff-Appellant.

Daniel S. Alter, New York, NY, for Defendants-Appellees.

Stuart R. Cohen, AARP Foundation Litigation, Washington, D.C. (Sarah L. Lock and Dorothy Siemon, AARP Foundation Litigation, Washington, D.C.; Michael R. Schuster, AARP, Washington, D.C., on the brief), for AARP as amicus curiae in support of Plaintiff-Appellant.

Joel L. Hodes, Whiteman Osterman & Hanna LLP, Albany, N.Y. (Ellen M. Bach, of counsel), for New York State Association of Health Care Providers, Inc. as amicus curiae in support of Defendants-Appellees.

Susan Choi-Hausman, Senior Counsel, Corporation Counsel of the City of New York, New York, N.Y. (Michael A. Cardozo and Pamela Seider Dolgow, Corporation Counsel of the City of New York, New York, NY; Stephen J.A. Acquario, General Counsel, New York State Association of Counties, Albany, NY, on the brief), for City of New York and New York State Association of Counties as amici curiae in support of Defendants-Appellees.

Joanna Hull, Attorney, United States Department of Labor, Washington, D.C. (Howard M. Radzely, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, and Paul L. Frieden, Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C., on the brief) for Secretary of Labor as amicus curiae in support of Defendants-Appellees.

John Longstreth, Preston Gates Ellis & Rouvelas Meeds LLP, Washington, D.C., for Home Care Association of New York State, Inc. as amicus curiae in support of Defendants-Appellees.

Roxanne G. Tena-Nelson, New York, NY, for Continuing Care Leadership Coalition, Inc. as amicus curiae in support of Defendants-Appellees.

Before WALKER, Chief Judge, KATZMANN, Circuit Judge, and GLEESON, District Judge.


PER CURIAM.

A detailed discussion of the facts of this case and the regulatory scheme at issue is set forth in Coke v. Long Island Care at Home, Ltd., 376 F.3d 118, 121-25 (2d Cir. 2004) ("Coke I"). The procedural history is this: Plaintiff-Appellant Evelyn Coke appealed from a final judgment entered in the United States District Court for the Eastern District of New York (Thomas C. Platt, Judge) granting Defendants...

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