CATANZANO v. DOAR

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.