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Bellin v. Zucker

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Apr 30, 2020
19 CIVIL 5694 (AKH) (S.D.N.Y. Apr. 30, 2020)

Opinion

19 CIVIL 5694 (AKH)

04-30-2020

ROSALIND BELLIN, on behalf of herself and all others similarly situated, Plaintiff, v. HOWARD A. ZUCKER, M.D., J.D., in his official capacity as Commissioner, New State Department of Health, and ELDERSERVE HEALTH, INC. d.b.a. RIVERSPRING AT HOME., Defendants.


JUDGMENT

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated April 30, 2020, Defendants' motions to dismiss are denied insofar as they assert lack of subject matter jurisdiction; Plaintiff has standing to sue under the inherently transitory exception to the mootness doctrine; Plaintiff does not have a statutory right to the type if appeal she seeks and does not have a constitutional protected property interest in greater personal care services; this, the complaint is dismissed in full, and judgment is entered for Defendants, and the case is closed. Dated: New York, New York

April 30, 2020

RUBY J. KRAJICK

Clerk of Court

BY: /s/ _________

Deputy Clerk


Summaries of

Bellin v. Zucker

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Apr 30, 2020
19 CIVIL 5694 (AKH) (S.D.N.Y. Apr. 30, 2020)
Case details for

Bellin v. Zucker

Case Details

Full title:ROSALIND BELLIN, on behalf of herself and all others similarly situated…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Apr 30, 2020

Citations

19 CIVIL 5694 (AKH) (S.D.N.Y. Apr. 30, 2020)