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McKINNEY v. COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH

15 Misc.3d 743 (2007)

836 N.Y.S.2d 794

MARY McKINNEY et al., Plaintiffs, v. COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH et al., Defendants.

Supreme Court, Bronx County.

March 8, 2007.

Attorney(s) appearing for the Case

Chadbourne & Parke (Thomas Bezanson of counsel), and New York Lawyers for the Public Interest (Marianne Engelman-Lado of counsel), for plaintiffs.

Andrew M. Cuomo, Attorney General (John Gasior of counsel), for defendants.

OPINION OF THE COURT

MARY ANN BRIGANTTI-HUGHES, J.

Plaintiffs, Mary McKinney and Mechler Hall Community Services, Inc. moved by order to show cause for a temporary restraining order (TRO) enjoining the defendants, the Commissioner of the New York State Department of Health, the New York State Department of Health (NYSDH) and the State of New York from implementing the recommendations of the Commission on Health Care Facilities in the 21st Century to close...

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