EMPIRE STATE PHARMACEUTICAL SOC., INC. v. PERALES

No. 87 Civ. 5822 (MGC).

672 F.Supp. 146 (1987)

EMPIRE STATE PHARMACEUTICAL SOCIETY, INC., and BJK, Inc. d/b/a Long Beach Chemists, Plaintiffs, v. Cesar A. PERALES, individually and as Commissioner of the New York State Department of Social Services, Defendant.

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

November 6, 1987.


Attorney(s) appearing for the Case

Jerome R. Halperin, P.C. by Jerome R. Halperin, Guy S. Halperin, Alice Slater, Bruce S. Klein, New York City, for plaintiffs.

Robert Abrams, Atty. Gen. of the State of N.Y. by Maryellen Weinberg, Robert J. Schack, Gerald Slotnik, New York City, for defendant.


MEMORANDUM OPINION AND ORDER

CEDARBAUM, District Judge.

This is an action for declaratory judgment and injunctive relief pursuant to 28 U.S.C. § 2201 and Fed. R. Civ. P. 65, commenced for the purpose of attacking the validity and enforceability of Part 504 of Title 18 of the New York Code Rules and Regulations ("NYCRR") promulgated by the Commissioner of the New York State Department of Social Services ("the Department").

Plaintiffs' application...

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