DISABILITY ADVOCATES, INC., and United States of America, Plaintiffs-Appellees,
v.
NEW YORK COALITION FOR QUALITY ASSISTED LIVING, INC., Movant-Appellant,
Andrew M. Cuomo, in his official capacity as Governor of the State of New York, Nirav R. Shah, in his official capacity as Commissioner of the New York State Department of Health, Michael F. Hogan, in his official capacity as Commissioner of the New York State Department of Mental Health, New York State Department of Health, New York State Office of Mental Health, Defendants-Appellants,
Empire State Association of Assisted Living, Movant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Samuel R. Bagenstos , Principal Deputy Assistant Attorney General ( Thomas E. Perez , Assistant Attorney General, Jessica Dunsay Silver and Terese Kwon , Attorneys, on the brief), Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for Plaintiff-Appellee United States of America.
Hugh Barber , Assistant Attorney General of Connecticut (on behalf of Richard Blumenthal , Attorney General of Connecticut, Dustin McDaniel , Attorney General of Arkansas, Robert E. Cooper, Jr. , Attorney General of Tennessee, Mark L. Shurtleff , Attorney General of Utah, Bruce A. Salzbury , Attorney General of Wyoming), Hartford, CT, for amici curiae States of Connecticut, Arkansas, Tennessee, Utah and Wyoming, in support of New York State Appellants.
Christopher Murray ( Matthew F. Didora , on the brief), Ruskin Moscou Faltischek, PC, Uniondale, NY, for amici curiae Americare Certified Special Services, Inc. et al., in support of Appellants.
David T. Luntz ( Lori A. Sievers , on the brief), Hinman Straub, PC, Albany, NY, for Movant Empire State Association of Assisted Living, in support of Appellants.
Elizabeth B. McCallum , Howrey LLP, Washington, DC, for amici curiae C.C. et al. (current and former residents of Adult Homes), in support of Appellees.
Before: CABRANES and PARKER, Circuit Judges, and KORMAN, District Judge.
United States Court of Appeals, Second Circuit.
JOSÉ A. CABRANES, Circuit Judge:
The question presented is whether plaintiff Disability Advocates, Inc. ("DAI")—a private nonprofit organization contracted to provide services to New York State's protection and advocacy ("P & A") system under the Protection and Advocacy for Individuals with Mental Illness Act ("PAIMI"), 42 U.S.C. § 10801 et seq.—has standing to sue various state agencies and officials on behalf of certain individuals...
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