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HEALTHCARE ASSOCIATION OF NEW YORK STATE v. CUOMO

No. 1:03-CV-0413 (NPM).

HEALTHCARE ASSOCIATION OF NEW YORK STATE, et al., Plaintiffs, v. ANDREW M. CUOMO, Governor of the State of New York; ERIC T. SCHNEIDERMAN, Attorney General of the State of New York; and COLLEEN C. GARDNER, Commissioner of Labor of the State of New York, Defendants.

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

September 7, 2011.

Attorney(s) appearing for the Case

O'CONNELL & ARONOWITZ, JEFFREY J. SHERRIN , JAMES A. SHANNON , Attorneys for Plaintiffs.

HON. ANDREW M. CUOMO , Attorney General for the State of New York, STEPHEN M. KERWIN , Assistant Attorney General, SETH KUPFERBERG , Assistant Attorney General, Attorney for Defendants.

MEMORANDUM, DECISION AND ORDER

NEAL P. McCURN, Senior District Judge.

I. Introduction

Presently before the court is a motion for summary judgment by plaintiffs limited to the issue of whether the National Labor Relations Act, 49 Stat. 449, as amended, 29 U.S.C. § 151 et seq ("NLRA") pre-empts New York Labor Law section 211-a ("§ 211-a") under the doctrine set forth in International Association...

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