LANDA BY LANDA v. SHALALA

No. CV 91-3547.

900 F.Supp. 628 (1995)

Frank LANDA, Deceased, by the Representative of the Estate, Jay LANDA, Plaintiff, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant.

United States District Court, E.D. New York.

As Corrected November 21, 1995.


Attorney(s) appearing for the Case

Robert, Lerner & Robert by Charles Robert, Rockville Centre, New York, for plaintiff.

Zachary W. Carter, United States Attorney, Eastern District of New York by Daniel F. De Vita, Assistant United States Attorney, Brooklyn, New York, for defendant.


MEMORANDUM DECISION and ORDER

SPATT, District Judge.

This action was commenced on September 13, 1991 by Jay Landa, as representative of the Estate of Frank Landa, pursuant to 42 U.S.C. § 405(g), to appeal from the denial of Medicare benefits by the Secretary of the Department of Health and Human Services, Donna Shalala (the "Secretary"). The Secretary moved the Court for an order pursuant to Fed.R.Civ.P. 12(c) granting judgment on the pleadings...

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