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HEALTHCARE ASS'N OF NEW YORK STATE, INC. v. PATAKI

Docket No. 05-2570-cv.

471 F.3d 87 (2006)

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. and United Cerebral Palsy Associations of New York State, Inc., Plaintiffs-Appellees, v. George E. PATAKI, Governor of the State of New York, Eliot Spitzer, Attorney General of the State of New York and Linda Angello, Commissioner of Labor of the State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: December 5, 2006.

Attorney(s) appearing for the Case

Jeffrey J. Sherrin, Cornelius D. Murray, James A. Shannon, O'Connell and Aronowitz, P.C., for Plaintiffs-Appellees.

Eliot Spitzer, Attorney General of the State of New York, Michelle Aronowitz, Deputy Solicitor General, M. Patricia Smith, Assistant Attorney General in Charge of Labor Bureau, with Seth Kupferberg, Assistant Attorney General, of Counsel, for Defendants-Appellants.

Before: JACOBS, Chief Judge, WESLEY, and JOHN R. GIBSON, Circuit Judges.

Judge WESLEY concurs in a separate opinion.

JOHN R. GIBSON, Circuit Judge.

George E. Pataki, Eliot Spitzer, and Linda Angello, respectively the Governor, Attorney General, and Labor Commissioner of the State of New York, appeal from the district court's grant of summary judgment to the plaintiff associations1 in this suit for declaratory and injunctive relief from enforcement of New York...

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