Citation Codes Equivalent Citations citation codes Docket Number 89-CV-1127L. Judges David G. Larimer See more information ... Smart Summary Please sign up to generate summary. MICHELLE CATANZANO, Francine Catanzano, Sam Catanzano, Sarah Trafton, on behalf of herself and all persons similarly situated, Plaintiffs, v. ROBERT DOAR, as Commissioner of the New York State Office of Temporary and Disability Assistance and ANTONIA NOVELLO, as Commissioner of the New York State Department of Health, and JOSEPH MARTINO, as the Acting Director of the Monroe County Department of Health and Human Ser DECISION AND ORDER DAVID LARIMER, Chief Judge, District On September 13, 2002, the Court of Appeals for the Second Circuit issued a mandate in this case, directing this Court to dismiss two of plaintiffs' claims in this action without prejudice. Due to clerical error, that has not yet been done. To correct that oversight, and in accordance with the Court of Appeals' mandate, it is hereby ORDERED that plaintiffs' claim concerning the constitutional and legal adequacy of court-ordered notices of fiscal assessment decisions is dismissed, without prejudice, as moot; and that plaintiffs' claim concerning the process that is due when a treatment action is taken by a Certified Home Health Agency that conforms with the orders of the recipient's treating physician is dismissed without prejudice. IT IS SO ORDERED.