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PERALES v. HECKLER

No. 1052, Docket 84-6332.

762 F.2d 226 (1985)

Cesar A. PERALES, Commissioner of the New York State Department of Social Services, Plaintiff-Appellant, v. Margaret M. HECKLER, as Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 20, 1985.

Attorney(s) appearing for the Case

Clifford A. Royael, Office of the Atty. Gen., State of N.Y., Albany, N.Y. (Robert Abrams, Atty. Gen., State of N.Y., Robert Hermann, Sol. Gen., William J. Kogan, Asst. Sol. Gen., Albany, N.Y., of counsel), for plaintiff-appellant.

Thomas K. Stuber, Office of the Gen. Counsel, Dept. of Health and Human Services, Baltimore, Md. (Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., Albany, N.Y., Terry Coleman, Acting Gen. Counsel, Ann T. Hunsaker, Asst. Gen. Counsel, Dept. of Health and Human Services, Baltimore, Md., of counsel), for defendant-appellee.

Before MESKILL, NEWMAN and PIERCE, Circuit Judges.

PER CURIAM:

This is an appeal from a judgment entered in the United States District Court for the Northern District of New York, Miner, J., dismissing a complaint by the Commissioner of the New York State Department of Social Services which sought review of a final decision of the Grant Appeals Board (GAB) of the United States Department of Health and Human Services.

In November of 1981, the Health Care Financing...

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