FRIEDMAN v. SEC. OF DEPT. OF HEALTH & HUMAN SERV.

No. 492, Docket 86-6159.

819 F.2d 42 (1987)

George FRIEDMAN, Plaintiff-Appellant, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 18, 1987.


Attorney(s) appearing for the Case

Charles Robert, Robert, Huber & Lerner, Hempstead, N.Y., for plaintiff-appellant.

Robin L. Greenwald, Asst. U.S. Atty. (Andrew J. Maloney, U.S. Atty. for E.D.N.Y., Robert L. Begleiter, Asst. U.S. Atty., of counsel), for defendant-appellee.

Before KAUFMAN, WINTER, and MAHONEY, Circuit Judges.


WINTER, Circuit Judge:

This is an appeal from Judge Korman's decision upholding the denial by the Secretary of the Department of Health and Human Services ("Secretary") of Medicare benefits for a portion of Friedman's hospital stay during 1982. We initially issued a summary order affirming the judgment under our Rule 0.23, but have since vacated that order at the government's request. We again affirm, but on a different rationale.

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