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WESLEY HEALTH CARE CENTER, INC. v. DeBUONO

Docket No. 99-7938.

244 F.3d 280 (2001)

WESLEY HEALTH CARE CENTER, INC., Plaintiff-Appellant, v. Barbara DeBUONO, M.D., as Commissioner of the New York State Department of Health; Ross Prinzo, as Commissioner of the Albany County Department of Social Services; and Brian Wing, as Acting Commissioner of the New York State Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 22, 2001.

Attorney(s) appearing for the Case

Raul A. Tabora, Jr., Tobin and Dempf, Albany, NY, for Plaintiff-Appellant.

Kathleen M. Treasure, Assistant Solicitor General, Albany, N.Y., (Eliot Spitzer, Attorney General, Nancy A. Spiegel, Assistant Solicitor General, Peter H. Schiff, Senior Counsel, Craig Denning, Assistant County Attorney, Albany County), for Defendants-Appellees.

Before CARDAMONE, WINTER, and POOLER, Circuit Judges.

POOLER, Circuit Judge:

Plaintiff-Appellant Wesley Health Care Center, Inc. ("Wesley") appeals from a judgment of the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge), upon a July 8, 1999, Decision and Order granting summary judgment to Defendants Appellees, Barbara DeBuono, M.D., as Commissioner of the New York State Department of Health; Ross Prinzo, as Commissioner of the Albany County Department of Social Services...

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