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MATTER OF FAHEY v. WHALEN

84 Misc.2d 1040 (1975)

In the Matter of Thomas M. Fahey, as Operator of Castle Rest Nursing Home, Petitioner, v. Robert Whalen, as Commissioner of the New York State Department of Health, et al., Respondents.

Supreme Court, Onondaga County.

November 22, 1975

Attorney(s) appearing for the Case

Love, Balducci & Scaccia (Dante M. Scaccia of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Sidney L. Grossman of counsel), for Robert Whalen and others, respondents. John B. La Paro for Onondaga County Department of Social Services, respondent.

EDWARD F. McLAUGHLIN, J.

Petitioner brings this motion pursuant to CPLR article 78 to obtain injunctive relief restraining respondents from deducting some $39,388 in medicaid overpayments received by petitioner between 1971 and 1974 from current medicaid reimbursement payments being made to petitioner by respondents. Petitioner further seeks to compel respondents, pursuant to article 28 of the Public Health...

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