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SAI KWAN WONG v. DOAR

Docket No. 08-4992-cv.

571 F.3d 247 (2009)

SAI KWAN WONG, by his guardian Kevin Wong, individually and on behalf of a class of all others similarly situated, Plaintiff-Appellant, v. Robert DOAR, in his official capacity as Commissioner, New York City Human Resource Administration, Richard F. Daines, M.D., in his official capacity as Commissioner of New York State Department of Health, Kathleen Sebelius, in her official capacity as Secretary, United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 22, 2009.

Attorney(s) appearing for the Case

Aytan Yehoshua Bellin, White Plains, N.Y. (Rene H. Reixach, Jr., Rochester, NY, on the brief), for Plaintiff-Appellant.

Carolina A. Fornos, Assistant United States Attorney (Elizabeth Wolstein, Assistant U.S. Attorney, on the brief), for Lev Dassin, Acting United States Attorney for the Southern District of New York, for Defendant-Appellee Kathleen Sebelius, Secretary, United States Department of Health and Human Services.

Carol Fischer, Assistant Solicitor General (Michael Belohlavek, Senior Counsel, Division of Appeals & Opinions, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, for Defendant-Appellee Richard F. Daines, M.D., Commissioner, New York State Department of Health.

Janet Z. Zaleon (Kristen M. Helmers and Marilyn Richter, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, for Defendant-Appellee Robert Doar, Commissioner, New York City Human Resources Administration.

Before: CABRANES, RAGGI, and HALL, Circuit Judges.

REENA RAGGI, Circuit Judge:

Plaintiff Sai Kwan Wong is a permanently disabled Medicaid recipient who resides in a nursing home. Through his guardian, Wong appeals an award of summary judgment in favor of the named city, state, and federal defendants, which was entered in the United States District Court for the Southern District of New York (Miriam Goldman Cedarbaum, Judge) on September 29, 2009. Wong asserts that the district court erred in rejecting his challenge...

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