AHRENS v. BOWEN

Nos. CV 82-0287, CV 82-1859.

646 F.Supp. 1041 (1986)

Stephanie AHRENS and Gladys McCabe, individually and on behalf of all others similarly situated, Plaintiffs, v. Otis BOWEN, M.D., individually and as Secretary of the Department of Health and Human Services, et al., Defendant. Cesar A. PERALES, as Commissioner of the New York State Department of Social Services, Plaintiff, v. Otis BOWEN, M.D., as Secretary of the Department of Health and Human Services, Defendant.

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

October 31, 1986.


Attorney(s) appearing for the Case

Nassau/Suffolk Law Services Committee, Inc., Bay Shore, N.Y., for plaintiffs Ahrens and McCabe; Jane C. Reinhardt, of counsel.

Andrew J. Maloney, U.S. Atty., E.D. N.Y., Brooklyn, N.Y., Kiyo A. Matsumoto, Asst. U.S. Atty., Brooklyn N.Y., Robert Abrams, Atty. Gen. of New York, Barrie L. Goldstein, Asst. Atty. Gen., New York City, for Com'r.


MISHLER, District Judge.

Plaintiffs Ahrens and McCabe move for summary judgment pursuant to Fed.R. Civ.P. 56. Cesar A. Perales (successor to Barbara Blum)1 as Commissioner of New York State Department of Social Services ("Commissioner") joins plaintiffs in seeking a declaration that it was arbitrary and capricious for the Secretary of the Department of Health and Human Services ("the Secretary") to refuse to disregard an award of punitive...

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