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  5. 987 F.Supp. 127 (1997)
 

NEW YORK STATE CHAPTER OF AMERICAN COLLEGE OF EMERGENCY PHYSICIANS v. WING

No. 95-CV-1401.

987 F.Supp. 127 (1997)

NEW YORK STATE CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, INC., Hospital Emergency Licensed Physicians, P.C., Hudson Valley Emergency Physicians Services, P.C. and Rome Emergency Services, P.C., Plaintiffs, v. Brian J. WING, as Acting Commissioner of Social Services of the State of New York, Barbara A. DeBuono, M.D., as Commissioner of Health of the State of New York, Patricia A. Woodward, as Director of the Division of Budget of the State New York, and George E. Pataki, as Governor of the State of New York, Defendants.

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

December 12, 1997.

Attorney(s) appearing for the Case

Donohue, Sabo, Varley & Armstrong, P.C., Albany, NY (Alvin O. Sabo, of counsel), for Plaintiffs.

Dennis C. Vacco, Attorney General of the State of New York, Albany, NY (Mary Ellen Clerkin, Assistant Attorney General, of counsel), for Defendants.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

Introduction

In this civil rights action, the plaintiffs presently move for (1) an order dismissing the action as moot and (2) an order pursuant to 42 U.S.C. § 1988 awarding attorney's fees to plaintiffs as the prevailing party. Defendants do not oppose the application to dismiss the action as moot but they do oppose any award of attorney's fees.

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