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SHAKHNES v. BERLIN

Docket No. 11-2003-cv.

689 F.3d 244 (2012)

Boris SHAKHNES, by his next friend Alla Shakhnes, individually and on behalf of all others similarly situated, by his next friend Mikhail Feldman, individually and on behalf of all others similarly situated, by his next friend Fei Mock, individually and on behalf of all others similarly situated, by his next friend Sha-Sha Willis, individually and on behalf of all others similarly situated, by his next friend Chaio Zhang, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. Elizabeth R. BERLIN, Executive Deputy Commissioner of the New York State Office of Temporary and Disability Assistance, Nirav R. Shah, as Commissioner of the New York State Department of Health, Defendants-Appellants, Verna Eggleston, Commissioner, New York City Human Resources Administration, Defendant.

United States Court of Appeals, Second Circuit.

Decided: August 13, 2012.

Attorney(s) appearing for the Case

Sandra D. Hauser , SNR Denton LLP, New York, N.Y., for Plaintiff-Appellee.

Yisroel Schulman , New York Legal Assistance Group, New York, N.Y., for Plaintiff-Appellee.

Simon Heller , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Richard Dearing , Deputy Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, New York, N.Y., for Defendants-Appellants.

Before: WINTER, STRAUB, and CHIN, Circuit Judges.

STRAUB, Circuit Judge:

Defendants-Appellants, commissioners of the New York State Office of Temporary and Disability Assistance and of the New York State Department of Health, appeal from an Order entered in the United States District Court for the Southern District of New York (Richard J. Holwell, Judge) granting declaratory and injunctive relief against them and in favor of Plaintiffs-Appellees, who are applicants for, or recipients of, Medicaid home health...

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