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TZ MANOR, LLC v. DAINES

Case No. 08-CV-3293 (KMK).

815 F.Supp.2d 726 (2011)

TZ MANOR, LLC, Pondview Corp., and Parkfield Properties (as assignee of Exchange Authority LLP, Trustee of the Almeida Parkfield Exchange Trust), as Tenants in Common, Plaintiffs, v. Richard F. DAINES, M.D., Commissioner of the New York State Department of Health, Robert P. Dougherty, Director of the New York State Department of Health, Division of Home and Community Based Care, Judith R. Mooney, Co-Director of the New York State Department of Health, Division of Home and Community Based Care, Marybeth Fader, Director, ACF CON Certification Unit of the New York State Department of Health, Division of Home and Community Based Care, Alan J. Lawitz, Esq., Associate Attorney, Bureau of House Counsel, New York State Department of Health, and the Long Hill Alliance Company, Inc., Defendants.

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

September 27, 2011.

Attorney(s) appearing for the Case

Sanford F. Young, Esq., New York, NY, for Plaintiffs.

Scott Joseph Spiegelman, Esq., Office of the Attorney General of the State of New York, New York, NY, for Defendants Richard F. Daines, M.D., Robert P. Dougherty, Judith R. Mooney, Marybeth Fader, Alan J. Lawitz, Esq.

David Eugene Nardolillo, Esq., O'Connell & Aronowitz Attorneys at Law, Albany, NY, for Defendant The Long Hill Alliance Co.

OPINION AND ORDER

KENNETH M. KARAS, District Judge.

Plaintiffs TZ Manor, LLC ("TZ Manor"), Pondview Corp. ("Pondview"), and Parkfield Properties ("Parkfield") (collectively "Plaintiffs") have filed an amended complaint in this action after this Court dismissed their initial complaint over two years ago. See TZ Manor, LLC v. Daines, No. 08-CV-3293, 2009 WL 2242436 (S.D.N.Y. July 28, 2009) ("TZ Manor I"). Plaintiffs again allege that officials...

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