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CHIAPPA v. CALIFANO

No. 78 Civ. 4213.

480 F.Supp. 856 (1979)

Richard E. CHIAPPA, Plaintiff, v. Joseph E. CALIFANO, Secretary of Health, Education and Welfare, Defendant.

United States District Court, S. D. New York.

December 3, 1979.

Attorney(s) appearing for the Case

Zwerling & Zwerling, New York City, for plaintiff; Linda Strumpf, New York City, of counsel.

Robert B. Fiske, Jr., New York City, U. S. Atty. for the Southern Dist. of New York, for defendant; John M. O'Connor, New York City, of counsel.

SOFAER, District Judge:

The defendant moves to dismiss the complaint in this disability case on the ground that it was filed on September 7, 1978, more than sixty days after notice of the Secretary of HEW's decision was mailed to plaintiff. Social Security Act §§ 205(g) & (h), 42 U.S.C. § 405(g) & (h). The notice was mailed on June 27, 1978, some seventy days before the complaint was filed.

The time limit set forth in the Act is potentially...

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