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LISNITZER v. ZUCKER

Docket No. 19-470 August Term 2020.

983 F.3d 578 (2020)

Leslie LISNITZER, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. Howard ZUCKER, M.D., as Commissioner of the New York State Department of Health, Michael Hein, as Acting Commissioner of the Office of Temporary and Disability Assistance of the New York State Department of Family Assistance, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: December 23, 2020.

Attorney(s) appearing for the Case

Peter Vollmer , Law Office of Peter Vollmer, P.C., Sea Cliff, N.Y. ( John F. Castellano , Mercy Advocacy Program, Islip Terrace, N.Y., on the brief), for Plaintiff-Appellee Leslie Lisnitzer.

Steven C. Wu , Deputy Solicitor General ( Barbara D. Underwood , Solicitor General, Blair J. Greenwald , Assistant Solicitor General, on the brief), for Letitia James , Attorney General of New York, New York, N.Y., for Defendants-Appellants Howard Zucker, M.D., and Michael Hein.

Lewis S. Yelin ( Robert P. Charrow , General Counsel, Brenna E. Jenny , Deputy General Counsel, Kirsten F. Roddy , Melissa D. Hart , United States Department of Health & Human Services, Washington, D.C.; Joseph H. Hunt , Assistant Attorney General, Alisa B. Klein , United States Department of Justice, Washington, D.C.; Seth D. DuCharme , Acting United States Attorney for the Eastern District of New York, Brooklyn, N.Y., on the brief), for the United States as Amicus Curiae.

Before: Newman, Calabresi, and Carney, Circuit Judges.

In this case, we are asked to interpret the phrase "final administrative action" in the context of a federal Medicaid regulation that requires a state agency to take such action within a specified time limit following a Medicaid applicant's request for a fair hearing. 42...

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