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MORNINGSIDE SUPERMARK CORP. v. NY STATE DEPT. OF HEALTH

No. 05 CIV. 9950(DLC).

432 F.Supp.2d 334 (2006)

MORNINGSIDE SUPERMARKET CORP., d/b/a Met Food, Plaintiff, v. NEW YORK STATE DEPARTMENT OF HEALTH; Patricia Hess, Director, Division of Nutrition; William F. Ryan Community Health Center, Defendants.

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

May 18, 2006.

Attorney(s) appearing for the Case

Roger J. Bernstein, New York City, for Plaintiff.

Roy A. Esnard, Assistant Attorney General, Office of the Attorney General, New York City, for State Defendants.

Jeffrey C. Thrope, Alon M. Markowitz, Manatt, Phelps & Phillips, LLP, New York City, for Defendant William F. Ryan Community Health Center.

OPINION & ORDER

COTE, District Judge.

Plaintiff Morningside Supermarket Corporation ("Morningside") initiated this action with an application for a preliminary injunction requiring defendants to reauthorize its participation as a vendor in a federally funded food assistance program. Defendants opposed the preliminary injunction and cross-moved to dismiss the complaint. In an earlier Opinion and Order, issued March 17, 2006, plaintiffs motion for...

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