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WONG v. DAINES

No. 07 Civ. 879(MGC).

582 F.Supp.2d 475 (2008)

Sai Kwan WONG by his Guardian Kevin Wong, individually and on behalf of a class of all others similarly situated, Plaintiffs, v. Richard F. DAINES, M.D., in his official capacity as Commissioner, New York State Department of Health, Robert Doar, in his official capacity as Commissioner, New York City Human Resources Administration, and Michael O. Leavitt, in his official capacity as Secretary, United States Department of Health and Human Services, Defendants.

United States District Court, S.D. New York.

September 29, 2008.

Attorney(s) appearing for the Case

Woods Oviatt Gilman LLP, by: René H. Reixach, Jr., Esq, Rochester, NY, for Plaintiffs.

Petroff & Bellin, LLP, by: Aytan Y. Bellin, Esq., New York, NY, for Plaintiffs.

Andrew M. Cuomo, Attorney General of the State of New York, by: Ivan B. Rubin, Esq., New York, NY, for Defendant Commissioner Daines.

Michael A. Cardozo, Corporation Counsel of the City of New York, by: Marilyn Richter, Esq., New York, NY, for Defendant Commissioner Doar.

Michael J. Garcia, United States Attorney for the Southern District of New York, by: Carolina A. Fornos, Esq., New York, NY, for Defendant Secretary Leavitt.

OPINION

CEDARBAUM, District Judge.

Sai Kwan Wong ("Wong")/ through his guardian Kevin Wong, sues Richard Daines, Commissioner of the New York State Department of Health ("DOH"); Robert Doar, Commissioner of the New York City Human Resources Administration ("HRA"); and Michael Leavitt, Secretary of the United States Department of Health and Human Services ("HHS"). Wong sues these officers in their official capacity and principally seeks injunctive...

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