United States Second Circuit

In an action under the Administrative Procedure Act seeking additional funding for fiscal years 2007 and 2008 from a grant program administered by the Department of Health and Human Services (-HHS-) pursuant to the Ryan White HIV/AIDS Treatment Modernization Act of 2006, dismissal of the action is affirmed where the congressional appropriations relating to the funds sought had been lawfully distributed -- and therefore exhausted -- and thus the court of appeals lacked authority to grant effectual relief in the context of an Article III case or controversy.

Appellate Information

• Argued 04/19/2010
• Decided 05/24/2010
• Published 05/24/2010

Judges

• WESLEY, Circuit Judge:, Before CABRANES, WESLEY, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Peter J. Clines, (Rosanne M. Harvey, on the brief), Deputy County Attorneys, for Lorna B. Goodman, County Attorney, County of Nassau, Mineola, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Thomas A. McFarland, (Varuni Nelson, of counsel), Assistant United States Attorneys, for Benton J. Campbell, United States Attorney, Eastern District of New York, Central Islip, NY, for Defendants-Appellees.