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RAND v. PERALES

No. 869, Docket 83-7874.

737 F.2d 257 (1984)

Elias RAND, M.D., Plaintiff-Appellant, v. Cesar A. PERALES, as Commissioner of the State of New York Department of Social Services, and Joseph D'Elia, as Commissioner of the Nassau County Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 15, 1984.

Attorney(s) appearing for the Case

Marvin L. Tenzer, P.C., New York City (Scott B. Lunin, New York City, of counsel), for plaintiff-appellant.

Michael F. Tietz, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Judith A. Gordon, Asst. Atty. Gen., New York City, of counsel), for defendant-appellee Cesar A. Perales.

Robert O. Boyhan, Deputy County Atty., of Nassau County, Mineola, N.Y. (Edward G. McCabe, County Atty., Mineola, N.Y., of counsel), for defendant-appellee Joseph D'Elia.

Before KAUFMAN, OAKES and WINTER, Circuit Judges.

WINTER, Circuit Judge.

Dr. Elias Rand appeals from Judge Altimari's order dismissing his complaint which alleged a violation of 42 U.S.C. § 1983. Judge Altimari held that the denial of Dr. Rand's claims for Medicaid reimbursement accorded with due process and that his complaint against Cesar Perales was barred by the Eleventh Amendment. We affirm.

BACKGROUND

At the relevant times, Dr. Rand was a licensed physician participating in the New York...

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