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FORT TRYON NURSING HOME v. PERALES

No. 84 Civ. 4638 (KTD).

592 F.Supp. 819 (1984)

FORT TRYON NURSING HOME, Plaintiff, v. Cesar PERALES, Commissioner of the State of New York Department of Social Services; David Axelrod, M.D. Commissioner of the State of New York Department of Health; and Michael Finnerty, New York State Director of Budget, Defendants.

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

July 19, 1984.

Attorney(s) appearing for the Case

Marvin Neiman, New York City, for plaintiff.

Robert Abrams, Atty. Gen. for N.Y. State, New York City, for defendants; Judith A. Gordon, Asst. Atty. Gen., New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge.

This is an action commenced under the Social Security Act, 42 U.S.C. §§ 1396, et seq., the Fourteenth Amendment, 42 U.S.C. § 1983, and state law. Plaintiff Fort Tryon Nursing Home ("Fort Tryon") moved by Order to Show Cause to enjoin defendants from reducing or implementing a reduction in Medicaid reimbursement rates and from withholding payments in order to recoup an asserted overpayment...

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