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BACKER EX REL. FREEDMAN v. SHAH

Docket No. 14-1367-cv.

788 F.3d 341 (2015)

Mindy BACKER, by her guardian and next friend Gay Lee FREEDMAN, Plaintiff-Appellant, Fannie Mae Williams, by her guardian and next friend United Guardianship Services, Annie L. Kelly, by her guardian and next friend United Guardianship Services, on behalf of themselves and all others similarly situated, Plaintiffs, v. Nirav R. SHAH, M.D., M.P.H., in his capacity as the Commissioner of the New York State Department of Health, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 3, 2015.

Attorney(s) appearing for the Case

Joseph P. Garland ( Michael Korsinsky , on the brief), Korsinsky & Klein, LLP, Brooklyn, N.Y., for Plaintiff-Appellant.

Bethany A. Davis Noll , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Anisha S. Dasgupta , Deputy Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, New York, N.Y., for Defendant-Appellee.

Before: WINTER, WALKER, and CABRANES, Circuit Judges.

Mindy Backer appeals from Judge Mauskopf's Fed.R.Civ.P. 12(b)(1) and 12(b)(6) dismissal of her complaint alleging a Section 1983 violation. In that action, she claimed that the New York State Department of Health ("DOH") violated the Medicaid Act, 42 U.S.C. § 1396 et seq., when DOH determined that guardianship fees approved...

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