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ROYAL CROWN DAY CARE LLC v. DOHMH

Docket No. 12-4959-CV.

746 F.3d 538 (2014)

ROYAL CROWN DAY CARE LLC, Plaintiff-Appellee, v. DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF the CITY OF NEW YORK, Frank Cresciullo, Individually and as Assistant Commissioner of the Department of Health and Mental Hygiene of the City of New York, James Morriss, Individually and as Director of Field Operations and Regulatory Enforcement for the Bureau of Child Care, Aurora Villareal, Borough Manager, Individually and in Her Official Capacity, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 19, 2014.

Attorney(s) appearing for the Case

Salvatore John Bate , Staten Island, N.Y., for Plaintiff-Appellee.

Victoria Scalzo , Assistant Corporation Counsel ( Michael A. Cardozo , Corporation Counsel of the City of New York, Kristin M. Helmers , Louise A. Moed , Diana Murray , on the brief), New York City Law Department, New York, N.Y., for Defendants-Appellants.

Before: POOLER, LYNCH, and DRONEY, Circuit Judges.

POOLER, Circuit Judge:

Defendants-Appellants Department of Health and Mental Hygiene of the City of New York ("DOHMH"), Frank Cresciullo, James Morriss, and Aurora Villareal (collectively, "defendants") appeal from the July 20, 2012 Memorandum and Order of the United States District Court for the Eastern District of New York (Margo K. Brodie, J.), denying the individually named defendants' motion for summary judgment on qualified immunity grounds. Defendants also...

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