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BEECHWOOD RESTORATIVE CARE CENTER v. LEEDS

Docket No. 04-3248-CV.

436 F.3d 147 (2006)

BEECHWOOD RESTORATIVE CARE CENTER, Brook Chambery and Olive Chambery, Plaintiffs-Appellants, v. Laura E. LEEDS, Edmund Russell Altone, Robert W. Barnett, Anna D. Colello, Arlene L. Gray, Henry M. Greenberg, Antonia C. Novello, Steven B. Steinhardt, Dennis P. Whalen, Sanford Rubin, Susan T. Baker, Sharon A. Carlo, Cynthia T. Francis, Naomi B. Hauser, Joseph P. Moore, Mary Elizabeth Rich, Barbara W. Saner, Sue Kelly and Michael Daniel, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 31, 2006.

Attorney(s) appearing for the Case

Mark A. Grannis, Harris, Witshire & Grannis, LLP, (Christopher J. Wright, Timothy J. Simeone, Harris, Witshire & Grannis, LLP, Kevin S. Cooman, Peter J. Weishaar, McConville, Considine, Cooman & Morin, P.C., Rochester, NY, on the brief), Washington, D.C., for Appellants.

Shaifali Puri, Assistant Solicitor General, State of New York (Eliot Spitzer, Attorney General of the State of New York, of counsel Michelle Arnowitz, Deputy Solicitor General, on the brief), for Appellees.

Before: JACOBS and B.D. PARKER, Circuit Judges, and HURD, District Judge.

JACOBS, Circuit Judge.

Beechwood Restorative Care Center, a partnership owned by Olive Chambery and (her son) Brook Chambery, operated a nursing home in Rochester, New York. Following a series of escalating disputes between Brook Chambery and regulatory authorities—disputes in which Brook Chambery sometimes at first prevailed— the Beechwood facility lost its operating certificate and closed in 1999. The Chamberys and the partnership appeal from a judgment...

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