KURIANSKY v. BED-STUY HEALTH CARE CORP.


73 N.Y.2d 875 (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., Defendants.

Court of Appeals of the State of New York.

Decided November 22, 1988.


Attorney(s) appearing for the Case

Joel J. Spector for appellants.

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

Lawrence Goldman, Anthony R. Cueto, Jack T. Litman and Edward M. Chikofsky for New York State Association of Criminal Defense Lawyers and another, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Plaintiffs made a sufficient showing to satisfy both CPLR 1312, which governs provisional remedies in CPLR article 13-A civil forfeiture actions, and CPLR 6201 and 6301, which provide for attachments and preliminary injunctions in other types of civil actions. Accordingly, the Supreme...

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