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N.Y. STATE ASS'N FOR RETARDED CHILDREN v. CAREY

No. 456, Docket 83-7335.

727 F.2d 240 (1984)

NEW YORK STATE ASSOCIATION FOR RETARDED CHILDREN, INC., et al., and Patricia Parisi, et al., Plaintiffs, v. Hugh L. CAREY, as Governor of the State of New York, et al., Defendants-Appellees, and United Cerebral Palsy Associations of New York State, Inc., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 31, 1984.

Attorney(s) appearing for the Case

Frederick K. Mehlman, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., New York City, of counsel), for defendants-appellees.

Stephen L. Ratner, New York City (Rosenman Colin Freund Lewis & Cohen, New York City, Peter F. Nadel, Daniel R. Benson, Glenn Rickles, New York City, of counsel), for defendant-appellant.

Before LUMBARD, MANSFIELD and KEARSE, Circuit Judges.

LUMBARD, Circuit Judge:

The United Cerebral Palsy Associations of New York State, Inc. (UCP) appeals from an order of the Eastern District of New York, Bartels, J., denying its motion for an injunction directing the State of New York ("the State") to reimburse it for expenditures made since July 1, 1982, in operating centers for the disabled in excess of the Medicaid reimbursement rates set by the State, and to set prospective reimbursement rates at a level...

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