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  5. 135 A.D.2d 160 (1988)
 

KURIANSKY v. HEALTH CARE CORP.

135 A.D.2d 160 (1988)

Edward J. Kuriansky, as Deputy Attorney-General for Medicaid Fraud Control, et al., Respondents, v. Bed-Stuy Health Care Corporation et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 16, 1988

Attorney(s) appearing for the Case

Hoffinger Friedland Dobrish Bernfeld & Hasen (Mark W. Geisler, Leon B. Polsky and Stephen L. Weiner of counsel), for Bed-Stuy Health Care Corporation and others, appellants.

Mudge Rose Guthrie Alexander & Ferdon (Jed S. Rakoff, Howard W. Goldstein, Martin L. Feinberg and James I. Glasser of counsel), for Jay E. Weinberg, appellant.

Edward J. Kuriansky, Deputy Attorney-General for Medicaid Fraud Control (Arthur A. Munisteri, Donald Zuckerman and Elizabeth T. Bogren of counsel), respondent pro se, and for State of New York, respondent.

BRACKEN, J. P., and BROWN, J., concur with SPATT, J.; WEINSTEIN, J., concurs in part and dissents in part and votes to affirm the order in a separate opinion.

SPATT, J.

This case concerns the new and rapidly developing field of the law of "forfeiture". In this civil action, the plaintiffs the State of New York and the Deputy Attorney-General for Medicaid Fraud Control (hereinafter the claiming authority) seek, inter alia, to recover damages arising from an alleged fraudulent scheme to improperly obtain public funds under the State Medicaid program. Simultaneous...

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