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NY STATE CITIZENS' COALITION FOR CHILDREN v. POOLE

No. 14-2919.

935 F.3d 56 (2019)

NEW YORK STATE CITIZENS' COALITION FOR CHILDREN, Plaintiff-Appellant, v. Sheila J. POOLE, Acting Commissioner for the New York State Office of Children and Family Services, in his official capacity, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

August 16, 2019.

Attorney(s) appearing for the Case

For Plaintiff-Appellant: Grant J. Esposito , Adam J. Hunt , Morrison & Foerster LLP, New York, NY; Brian R. Matsui, Esq. , Morrison & Foerster LLP, Washington, DC.

For Defendant-Appellee: Caroline A. Olsen , Assistant Solicitor General; Barbara D. Underwood , Solicitor General; Steven C. Wu , Deputy Solicitor General for Letitia James, Attorney General for the State of New York.

Present: ROBERT A. KATZMANN, Chief Judge, JOSÉ A. CABRANES, ROSEMARY S. POOLER, PETER W. HALL, DEBRA ANN LIVINGSTON, DENNY CHIN, RAYMOND J. LOHIER, JR., SUSAN L. CARNEY, RICHARD J. SULLIVAN, JOSEPH F. BIANCO, MICHAEL H. PARK Circuit Judges.

By a vote of six to five, the active members of this Court decline to rehear a case presenting an issue of "exceptional importance" —an issue that...

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