GREENERY REHABILITATION GROUP, INC. v. HAMMON

No. 93-CV-309.

893 F.Supp. 1195 (1995)

The GREENERY REHABILITATION GROUP, INC., Plaintiff, v. Marva L. HAMMON, as Commissioner of the New York City Human Resources Administration, the City of New York, and Michael Dowling, as Commissioner of the New York State Department of Social Services, Defendants. Marva L. HAMMON, as Commissioner of the New York City Human Resources Administration, the City of New York, and Michael Dowling, as Commissioner of the New York State Department of Social Services, Third-Party Plaintiffs, v. Donna E. SHALALA, as Secretary of the United States Department of Health and Human Services, Third-Party Defendant.

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

July 25, 1995.


Attorney(s) appearing for the Case

Bond, Schoeneck & King, Albany, NY (Hermes Fernandez, of counsel), for plaintiffs.

New York City Corp. Counsel, New York City, NY (Norma Cote, of counsel), for Marva Hammon and City of New York.

Dennis C. Vacco, Atty. Gen., State of N.Y., Dept. of Law, Albany, NY (Deirdre Roney, Asst. Atty. Gen., of counsel), for Michael Dowling.

Thomas J. Maroney, U.S. Atty., N.D.N.Y., Albany, NY (James C. Woods, Asst. U.S. Atty., of counsel), for Donna E. Shalala.


MEMORANDUM, DECISION & ORDER

McAVOY, Chief Judge.

I. FACTUAL BACKGROUND

The Greenery Rehabilitation Group, Inc. ("the Greenery") specializes in the field of traumatic brain injury treatment and operates facilities in several states. The Greenery entered into an agreement with the New York City Human Resources Administration (HRA) which provided that the Greenery, with the approval of the New York State Department of Social Services (DSS), would...

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