NEW YORK ASS'N OF HOMES AND SERVICES v. DEBUONO

Docket No. 04-3448-CV.

444 F.3d 147 (2006)

NEW YORK ASSOCIATION OF HOMES AND SERVICES FOR THE AGING, INC., individually and on behalf of its Residential Health Care Facility Members located in the State of New York, John J. Foley Skilled Nursing Facility, Wyoming County Community Hospital and Skilled Nursing Facility, the Meadows, Suffolk County Skilled Nursing Facility, and Andrew Michaud Nursing Home, Plaintiffs-Appellants, v. Barbara Ann DEBUONO, as Commissioner of Health of the New York State Department of Health, Dennis P. Whalen, as Acting Director of the Office of Health Systems Management of the New York State Department of Health, Brian J. Wing, as Acting Commissioner of the New York State Department of Social Services, Patricia A. Woodworth, as Director of the Budget of the State of New York, State of New York, Antonia Novello, as Commissioner of the New York State Department of Health, Wayne M. Osten, as Director of the Office of Health Systems Management of the New York State Department of Health, H. Carl McCall, as Comptroller of the State of New York, Robert L. King, as Director of the Budget of the State of New York, Director of the Office of Health Systems Management of the New York State Department of Health, and Carol E. Stone, as Director of the Budget of the State of New York, Defendants-Appellees, Health Care Association of New York State, individually and on behalf of its Residential Health Care Facility Members and Hospital Members Owning or Operating Residential Health Care Facilities, New York State Association of Counties, individually and on behalf of 41 of its Member Counties that Own and Operate Residential Health Care Facilities in the State of New York, Plaintiffs.

United States Court of Appeals, Second Circuit.

Decided: April 6, 2006.


Attorney(s) appearing for the Case

Kathy H. Chin, Cadwalader, Wickersham & Taft LLP, New York, NY, for Plaintiffs-Appellants.

Victor Paladino, Assistant Solicitor General of the State of New York (Eliot Spitzer, Attorney General of the State of New York, Andrea Oser, Assistant Solicitor General for the State of New York, on the brief), Albany, NY, for Defendants-Appellees.

Before: NEWMAN, MCLAUGHLIN, and HALL, Circuit Judges.


PER CURIAM.

In a series of complaints beginning in 1995, with the most recent filed in 2003, Plaintiffs-Appellants New York Association of Homes and Services for the Aging, Inc., a non-profit corporation whose membership includes approximately 300 residential health care facilities, and certain individual nursing facilities ("plaintiffs"), brought this action against New York State and its various agencies and employees ("defendants") challenging a number of budget...

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