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NEW YORK EX REL. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERV. v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES'

Docket No. 07-3858-cv.

556 F.3d 90 (2009)

State of NEW YORK, by and through The NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES' ADMINISTRATION FOR CHILDREN AND FAMILIES and Charles E. Johnson, Acting Secretary of The Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 13, 2009.

Attorney(s) appearing for the Case

Victor Paladino, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, and Andrew Bing, Deputy Solicitor General, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, for Plaintiff-Appellant.

Kelsi Brown Corkran, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C. (Mark B. Stern, Attorney, Appellate Staff, Civil Division, and Jeffrey S. Bucholtz, Acting Assistant Attorney General, on the brief), for Defendants-Appellees.

Before RAGGI, LIVINGSTON, Circuit Judges, and CASTEL, District Judge.

REENA RAGGI, Circuit Judge:

Plaintiff State of New York sued defendants United States Department of Health and Human Services ("HHS") Administration for Children and Families ("ACF") and HHS Acting Secretary Charles E. Johnson in the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge) for failing to reimburse the state for certain foster care maintenance payments as provided...

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