LEYVA v. HARRIS

No. 79 Civil 6231.

514 F.Supp. 1313 (1981)

Leonardo LEYVA, Plaintiff, v. Patricia Roberts HARRIS, Secretary of Health and Human Services, Defendant.

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

May 29, 1981.


Attorney(s) appearing for the Case

Ishmael Lahab, Harlem Legal Services, Inc., New York City, for plaintiff.

John S. Martin, Jr., U. S. Atty., S. D. New York, New York City, for defendant; Robert S. Groban, Jr., Asst. U. S. Atty., Frank V. Smith, III, Regional Atty., Region II, Linda Lee Walker, Asst. Regional Atty., Anthony Princi, Legal Asst., Dept. of Health and Human Services, New York City, of counsel.


OPINION

EDWARD WEINFELD, District Judge.

This is an appeal pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking review of the final decision of the Secretary of Health and Human Services ("Secretary") that plaintiff Leonardo Leyva's period of disability ended as of January 1979, so that his benefits under the Social Security Act terminated in March 1979. The parties cross-move for judgment on the pleadings pursuant to Rule 12(c) of the Federal...

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