“caused by the exercise of some right or privilege created by the State or by a rule of conduct imposed by the State or by a person for whom the State is responsible,” and “the party charged with the deprivation must be a person who may fairly be said to be a state actor.” Lugar, 457 U.S. at 937, 102 S.Ct. 2744; see also Hollander v. Copacabana Nightclub, 624 F.3d 30, 33 (2d Cir.2010) (referring to and applying the “two prong” test outlined in Lugar). “Conduct that is formally ‘private’ may become so entwined with governmental policies or so impregnated with a governmental character that it can be regarded as governmental action.” Rendell-Baker v. Kohn, 457 U.S. 830, 847, 102 S.Ct. 2764, 73 L.Ed.2d 418 (1982) (some internal quotation marks omitted); see also Hollander, 624 F.3d at 34 (<HOLDING>). A private entity, however, does not become a
recognizing ac tions of nominally private entities are attributable to the state under certain circumstances recognizing private right of action holding that an agency may not delegate its public duties to private entities holding that in certain circumstances fraud can be prosecuted under the statute holding in age discrimination case under adea that same considerations are pertinent when deciding single employer issue for public entities as for private entities and applying nlrb test to resolve the question noting that where government entities are concerned court also must keep constitutional separation of powers issues in mind