Gerald BOLOGNESE, Plaintiff-Appellant, v. Kathleen SEBELIUS, as Secretary of the Department of Health and Human Services,[*] Defendant-Appellee. No. 08-4109-cv.United States Court of Appeals, Second Circuit. July 27, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] [*] Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Secretary Kathleen Sebelius is automatically substituted […]