NOT DEAD YET v. CUOMO

20-CV-4819(GRB).

554 F.Supp.3d 445 (2021)

NOT DEAD YET, NMD United, Disability Rights New York, Michelle Brose, Mike Volkman, Jessica Tambor, and Peri Finkelstein, individually and on behalf of a class of all others similarly situated, Plaintiffs, v. Andrew CUOMO, Governor of the State of New York, in his official capacity, and Howard A. Zucker, Commissioner of the New York State Department of Health, in his official capacity, Defendants.

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

Signed August 13, 2021.


Attorney(s) appearing for the Case

Greg Lee Bass , National Center for Law and Economic Justice, Britney Renee Wilson , New York Law School, New York, NY, Jordan Rebecca Berger , National Center for Law and Economic Justice, Fort Wayne, IN, for Plaintiff Not Dead Yet.

Jordan Rebecca Berger , National Center for Law and Economic Justice, Fort Wayne, IN, Britney Renee Wilson , New York Law School, New York, NY, for Plaintiff NMD United.

Jessica Barlow , Disability Rights New York, Rochester, NY, Britney Renee Wilson , New York Law School, New York, NY, for Plaintiff Disability Rights New York.

Jessica Barlow , Disability Rights New York, Rochester, NY, Jordan Rebecca Berger , National Center for Law and Economic Justice, Fort Wayne, IN, Britney Renee Wilson , New York Law School, New York, NY, for Plaintiffs Michelle Brose, Mike Volkman, Jessica Tambor, Peri Finkelstein.

Robert Edward Morelli , Office of the New York State Attorney General, Hauppauge, NY, for Defendants.


MEMORANDUM OF DECISION & ORDER

In this creative, if peculiar, case, several plaintiffs who depend on ventilators1 based upon various medical conditions seek to challenge voluntary guidelines for ventilator allocation...

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