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JOSEPH S. v. HOGAN

No. CV-06-1042 (BMC)(SMG).

561 F.Supp.2d 280 (2008)

JOSEPH S. and Steven W.; Disability Advocates, Inc.; and Sidney Hirschfeld, Director, Mental Hygiene Legal Service, Second Judicial Department, Plaintiffs, v. Michael F. HOGAN, in his official capacity as Commissioner of the New York State Office of Mental Health; The New York State Office of Mental Health; Richard F. Daines, in his official capacity as Commissioner of the New York State Department of Health; The New York State Department of Health; and David A. Paterson, in his official capacity as Governor of the State of New York, Defendants.

United States District Court, E.D. New York.

May 23, 2008.

Attorney(s) appearing for the Case

Beth D. Jacob, Lori D. Greendorfer, Schiff, Hardin & Waite, New York, NY, Cliff Zucker, Roger A. Bearden, Amy E. Lowenstein, Disability Advocates, Inc., Albany, NY, Dennis Bruce Feld, Lisa Volpe, Mental Hygiene Legal Service, Mineola, NY, Marianne Engelman Lado, Nisha Suresh Agarwal, Sandra Del Valle, Lawyers for the Public Interest, New York, NY, for Plaintiffs.

Deborah Hochhauser, Joanne Skolnick, Office of the Attorney General, New York, NY, John P. Gasior, Assistant Attorney General, New York, NY, for Defendants.

ORDER

COGAN, District Judge.

This case is before me on the Report & Recommendation of Magistrate Judge Steven M. Gold dated April 21, 2008[93], in which he recommended denial of defendants' motion to dismiss, except as to the Nursing Home Reform Act ("NHRA") claims that he found time-barred. Plaintiffs and defendants have timely objected. Having conducted a de novo review, I adopt the Report & Recommendation as the Order of this Court...

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