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Residents and Families United to Save Our Adult Homes v. Zucker

Recusal in Adult Home Litigation Denied; Antagonism Negating Fair Trial Not Demonstrated

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MEMORANDUM & ORDER

*1 Plaintiffs bring this action against Defendants the New York State Department of Health (“DOH”), Howard Zucker, M.D., in his official capacity as Commissioner of DOH, the New York State Office of Mental Health (“OMH”), and Anne Marie T. Sullivan, M.D., in her official capacity as Acting Commissioner of OMH, challenging certain regulations (the “Regulations”) promulgated by DOH and OMH, which limit admissions to adult homes.¹ Before the court is the Residents Plaintiffs’² motion for the judicial disqualification of the undersigned, the Honorable Nicholas G. Garaufis (the “Motion”). (Residents Pls. Not. of Mot. for Disqualification (“Mot.”) (Dkt. 50); Residents Pls. Mem. in Supp. of Mot. (“Mem.”) (Dkt. 51).) The Empire Plaintiffs³ (together with the Residents Plaintiffs, “Plaintiffs”) join in

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