Colson v. Sillman

WINTER, Circuit Judge:

Officials of the New York State Department of Health appeal from Judge Arcara’s order granting partial summary judgment to appellees Colson, Battaglia, White, and others similarly situated (“applicants”). See Colson ex rel. Colson v. Sillman, 852 F.Supp. 1183 (W.D.N.Y.1992). Summary judgment was granted on their claim under 42 U.S.C. § 1983 that New York’s Public Health Law, N.Y.Pub.Health L. § 2582 (McKinney 1993), creates a “claim of entitlement” triggering procedural due. process protection in the handling of claims by the Erie County Physically Handicapped Children’s…