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HOSP. ASS'N OF N. Y. STATE, INC. v. TOIA

Nos. 840, 841, Dockets 76-6117, 76-6183.

554 F.2d 12 (1977)

HOSPITAL ASSOCIATION OF NEW YORK STATE, INC. et al., Plaintiffs-Appellees, v. Philip L. TOIA, as Commissioner of Social Services of the State of New York, et al., Defendants-Appellants, and David Mathews, as Secretary of the U.S. Department of Health, Education & Welfare, Defendants.

United States Court of Appeals, Second Circuit.

Decided March 16, 1977.

Attorney(s) appearing for the Case

Jacob Imberman, New York City (Proskauer, Rose, Goetz & Mendelsohn, New York City, Steven S. Miller, Robert M. Kaufman, M. William Scherer, Susan Rosenfeld, New York City, of counsel), for plaintiffs-appellees.

Robert N. Sayler, Special Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., Irwin Finkelstein, Asst. Atty. Gen., Charles A. Miller, Patricia A. Barald, Special Asst. Attys. Gen., Covington & Burling, Washington, D. C., on the brief), for defendants-appellants Toia, Whalen, Goldmark and Carey.

Before MANSFIELD, MULLIGAN and OAKES, Circuit Judges.

PER CURIAM:

This is an appeal from orders entered in the United States District Court for the Southern District of New York by Hon. Morris E. Lasker on August 2 and November 9, 1976. In the judgment entered on August 2 the district court found that Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. and the regulations thereunder require that the Secretary of Health, Education and Welfare (HEW) approve, as part of the state's Plan for Medical...

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