District Court, S.D. New York March 4, 2009, 07-CV-3432 (CS) (John E. Andrus Memorial, Inc. v. Daines)

*565

ORDER ADOPTING IN PART AND MODIFYING REPORT AND RECOMMENDATION

SEIBEL, District Judge.

Before the Court are the Objections of Defendant Richard F. Daines, Commissioner of the New York State Department of Health (“DOH”), to a Report and Recommendation of the Honorable Mark D. Fox, United States Magistrate Judge, issued on July 17, 2008, 2008 WL 5705732, (the “R

&

R”). (Doc. 51.