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YORKTOWN MEDICAL LABORATORY, INC. v. PERALES

No. 122, Docket 91-7447.

948 F.2d 84 (1991)

YORKTOWN MEDICAL LABORATORY, INC., Plaintiff-Appellant, v. Cesar A. PERALES, Commissioner of the New York State Department of Social Services, and the New York State Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 28, 1991.

Attorney(s) appearing for the Case

Daniel J. Pykett, White Plains (Aronwald & Pykett, of counsel), for plaintiff-appellant.

Robert A. Forte, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., Lawrence S. Kahn, Deputy Sol. Gen., Carol Schechter, Charles Davis, Barbara B. Butler, Litigation Bureau, of counsel), for defendants-appellees.

Before OAKES, Chief Judge, FEINBERG and CARDAMONE, Circuit Judges.

OAKES, Chief Judge:

Yorktown Medical Laboratory, Inc. ("Yorktown"), a Medicaid provider, brought an action pursuant to 42 U.S.C. § 1983 against the New York State Department of Social Services ("DSS") and the DSS Commissioner, Cesar A. Perales, alleging that DSS's withholding of payment for claims constituted a violation of the Due Process Clause of the Fourteenth Amendment. The defendants filed a summary judgment motion arguing that the plaintiff had failed...

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