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BIRNBAUM v. STATE

138 Misc.2d 402 (1987)

Janice Birnbaum et al., as Executors of Bernard P. Birnbaum, Deceased, et al., Claimants, v. State of New York, Defendant. (Claim No. 63695.)

Court of Claims.

October 2, 1987

Attorney(s) appearing for the Case

Woods, Oviatt, Gilman, Sturman & Clarke (Percival D. Oviatt, Jr., and William G. Bauer of counsel), for claimants. Robert Abrams, Attorney-General (David L. Edmunds, Jr., of counsel), for defendant.

THOMAS P. McMAHON, J.

The instant claim for legal and accounting fees has a long and tortured history.1 At the time of his death on February 13, 1976, Bernard P. Birnbaum was the State-licensed operator of the Abbott Manor Nursing Home in Buffalo. Abbott Manor's operations were not profitable, and Mr. Birnbaum's estate sought either to renegotiate its rate of Medicaid reimbursement...

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