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JOHN E. ANDRUS MEMORIAL, INC. v. DAINES

No. 07-CV-3432 (CS).

600 F.Supp.2d 563 (2009)

JOHN E. ANDRUS MEMORIAL, INC. (d/b/a Andrus on Hudson), Plaintiff, v. Richard F. DAINES, as Commissioner of the New York State Department of Health, Defendant.

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

March 4, 2009.

Attorney(s) appearing for the Case

Peter G. Bergmann, Esq., Brian T. Mc-Govern, Esq., Ariel V. Gordon, Esq., Cadwalader, Wickersham & Taft LLP, New York, NY, for Plaintiff.

John P. Gasior, Esq., Barbara K. Hathaway, Esq., Office of the Attorney General, New York State, New York, NY, for Defendant.

ORDER ADOPTING IN PART AND MODIFYING REPORT AND RECOMMENDATION

SEIBEL, District Judge.

Before the Court are the Objections of Defendant Richard F. Daines, Commissioner of the New York State Department of Health ("DOH"), to a Report and Recommendation of the Honorable Mark D. Fox, United States Magistrate Judge, issued on July 17, 2008, 2008 WL 5705732, (the "R & R"). (Doc. 51.) Judge Fox recommended...

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