SENAPE v. CONSTANTINO

No. 804, Docket 90-7677.

936 F.2d 687 (1991)

Saverio SENAPE, M.D., Plaintiff-Appellant, v. Joann A. CONSTANTINO, Deputy Commissioner, Division of Medical Assistance, Cesar A. Perales, Individually and as Commissioner of the New York State Department of Social Services, and the Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 18, 1991.


Attorney(s) appearing for the Case

Robert C. Agee, White Plains, N.Y., for plaintiff-appellant.

Carol Schechter, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Lawrence S. Kahn, Deputy Sol. Gen., and Robert J. Shack, Asst. Atty. Gen., of counsel), for defendants-appellees.

Before WINTER and ALTIMARI, Circuit Judges, and WEXLER, District Judge.


WINTER, Circuit Judge:

This appeal arises from the dismissal of a complaint brought under 42 U.S.C. § 1983 seeking (1) to enjoin appellees from denying appellant's application for reenrollment as a physician-provider in New York State's Medicaid program and (2) to recover damages for the deprivation of property and liberty interests without due process. The district court held that appellant has no property interest in his continued enrollment as a Medicaid provider...

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