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NEW YORK ASS'N OF HOMES FOR AGING v. TOIA

Nos. 1136 and 1137, Dockets 77-7102 and 77-7114.

559 F.2d 876 (1977)

NEW YORK ASSOCIATION OF HOMES FOR AGING et al., Plaintiffs-Appellants, v. Philip L. TOIA, as Commissioner of Social Services of the State of New York, et al., Defendants-Appellees. Joseph BULLA et al., Plaintiffs-Appellants, v. Philip L. TOIA, as Commissioner of Social Services of the State of New York, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 27, 1977.

Attorney(s) appearing for the Case

David J. Stern, New York City (Proskauer, Rose, Goetz & Mendelsohn, Jeffrey A. Mishkin, and Stephen E. Tisman, New York City, on the brief), for plaintiffs-appellants in Docket No. 77-7102.

George C. Mantzoros, Asst. Atty. Gen., State of New York, New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., State of New York, New York City, on the brief), for defendants-appellees in Docket No. 77-7102.

Andrew P. Zweben, Legal Services for the Elderly Poor, New York City (Stephen M. Jacoby, American Jewish Congress, New York City, on the brief), for plaintiffs-appellants in Docket No. 77-7114.

Charles A. Bradley, Asst. Atty. Gen., State of New York, New York City (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., State of New York, New York City, on the brief), for defendants-appellees in Docket No. 77-7114.

Before CLARK, Associate Justice, and ANDERSON and MULLIGAN, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

In these two actions the respective plaintiffs contest the validity of the medicaid reimbursement formula established on September 30, 1976 for residential health care facilities under regulations promulgated by the Commissioner of Health of the State of New York, 10 New York Code of Rules and Regulations (N.Y.C.R.R.) Part 86-2, pursuant to Chapter 76 of the New York Session Laws of 1976...

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