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PELINI v. BLUM

No. 82 Civ. 8447.

555 F.Supp. 181 (1983)

Mark PELINI, Plaintiff, v. Barbara BLUM, individually, and as Commissioner of Social Services of the State of New York, Defendant.

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

On Motion for Summary Judgment January 28, 1983.

Attorney(s) appearing for the Case

Robert Abrams, N.Y. State Atty. Gen., New York City, David Glasel, counsel, N.Y. State Dept. of Social Services, Albany, N.Y. by Judith A. Gordon, Mary Fisher Bernet, Asst. Attys. Gen., Frederica A. Jaret, Associate Atty., N.Y. State Dept. of Social Services, New York City, for defendant.

Jerome I. Sager, New York City, for plaintiff.

MEMORANDUM AND ORDER

SOFAER, District Judge:

Plaintiff, a practicing physician, has moved for a preliminary injunction that would prevent New York's Commissioner of Social Services from withholding Medicaid reimbursements to plaintiff pending the final determination of this action. The underlying complaint seeks a declaration that 18 N.Y.C.R.R. §§ 515.7 and 515.3(f) are constitutionally invalid because...

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