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THE PARKWAY HOSPITAL v. SHAH

No. 10-3057-cv.

THE PARKWAY HOSPITAL, Plaintiff-Appellant, v. NIRAV R. SHAH, AS COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH, PUBLIC HEALTH COUNCIL OF THE STATE OF NEW YORK, SUSAN REGAN, MICHAEL FASSLER, HOWARD FENSTERMAN, HERBERT FRIEDMAN, ELLEN RAUTENBERG, PETER ROBINSON, AND FRANK SERBAROLI, AS MEMBERS OF THE COMMITTEE ON ESTABLISHMENT OF HEALTH CARE FACILITIES, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

February 6, 2012.

Attorney(s) appearing for the Case

ROBERT F. MORACO, ESQ. ( Lawrence P. Wolf , Law Office of Lawrence P. Wolf, on the brief) New York, N.Y., for Plaintiff-Appellant.

Brian Sutherland ( Barbara D. Underwood , Solicitor General, Michael S. Belohlavek , Senior Counsel, and Richard O. Jackson , Assistant Solicitor General, of Counsel), for Eric T. Schneiderman, Attorney General of the State of New York, New York, N.Y., for Defendants-Appellees.

Present: RALPH K. WINTER, PETER W. HALL, DENNY CHIN, Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.

The Parkway Hospital ("Parkway") appeals the district court's dismissal of its complaint against the Commissioner of the New York State Department of Health, the Public Health Council of the State of New York and various members of the Committee on the Establishment of Health Care Facilities. Parkway...

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