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RETAIL INDUSTRY LEADERS ASS'N v. SUFFOLK COUNTY

No. 06 CV 00531(ADS)(ETB).

497 F.Supp.2d 403 (2007)

RETAIL INDUSTRY LEADERS ASSOCIATION, Plaintiff, v. SUFFOLK COUNTY, Steve Levy in his official capacity as County Executive of Suffolk County, Suffolk County Department of Labor, and Robert W. Dow, Jr. in his official capacity as Commissioner of Labor of Suffolk County, Defendants.

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

July 14, 2007.

Attorney(s) appearing for the Case

Gibson Dunn & Crutcher, New York, NY (Marshall R. King, of Counsel), for the Plaintiff.

Christine Malafi-Suffolk County Attorney, Hauppauge, NY, by: Brian P Callahan, Assistant County Attorney, John Richard Petrowski, Assistant County Attorney, for the Defendants.

Meyer, Suozzi, English & Klein, P.C., New York, NY (Patricia McConnell, of Counsel), Amicus Curiae on behalf of the Defendants, for Health and Welfare Council of Long Island, Medicaid Matters!Maryland and Nassau Suffolk Hospital Council.

Cleary Gottlieb Steen & Hamilton LLP, Amicus Curiae on behalf of the Defendants, New York, NY, for the City Council of the City of New York.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On February 7, 2006, Retail Industry Leaders Association ("RILA" or the "Plaintiff") filed a complaint against Suffolk County, Steve Levy ("Levy"), the Suffolk County Department of Labor (the "Suffolk DOL"), and Robert W. Dow, Jr. ("Dow") (collectively the "Defendants"). On September 28, 2006, the Plaintiff filed an amended complaint seeking a declaratory judgment that the Suffolk County Fair Share...

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