GROSSMAN v. AXELROD

No. 800, Docket 80-7874.

646 F.2d 768 (1981)

Abraham GROSSMAN d/b/a Bruckner Nursing Home, Plaintiff-Appellant, v. David AXELROD, M.D., Acting Commissioner of the State of New York Department of Health; Howard F. Miller, Acting Director of the Budget of the State of New York; and Barbara B. Blum, Commissioner of the State of New York Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 7, 1981.


Attorney(s) appearing for the Case

Scott B. Lunin, New York City (Marvin L. Tenzer, Ellen J. Wiener, Cathy N. Goldstein, New York City, of counsel) for plaintiff-appellant.

George C. Mantzoros, Asst. Atty. Gen., of the State of New York, New York City (Robert Abrams, Atty. Gen. of the State of New York, George D. Zuckerman, Asst. Sol. Gen., of the State of New York, New York City, of counsel) for defendants-appellees.

Before FEINBERG, Chief Judge, OAKES, Circuit Judge and NEAHER, District Judge.


FEINBERG, Chief Judge:

Abraham Grossman, doing business as Bruckner Nursing Home, appeals from a judgment of the United States District Court for the Southern District of New York, Charles H. Tenney, Jr., J., dismissing Grossman's complaint against defendants David Axelrod, Howard F. Miller and Barbara B. Blum, all of whom are state officials. Grossman sought declaratory and injunctive relief to prevent defendants from recouping alleged overpayments made in 1976 by...

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