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IN RE KINGS TERRACE NURSING HOME & HEALTH FACILITY

No. 95 Civ. 0443 (LAK).

184 B.R. 200 (1995)

In re KINGS TERRACE NURSING HOME AND HEALTH RELATED FACILITY, in Receivership, Debtor. KINGS TERRACE NURSING HOME AND HEALTH RELATED FACILITY, in Receivership, Plaintiff-Appellee, v. NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES, Defendant-Appellant.

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

July 10, 1995.

Attorney(s) appearing for the Case

Arnold S. Klein, Loretta M. Gastwirth, Ted Berkowitz, Meltzer, Lippe, Goldstein, Wolf, Schlissel & Sazer, P.C., Mineola, NY, for debtor-plaintiff-appellee.

Terri H. Altamura, August L. Fietkau, Asst. Attys. Gen., New York City, Dennis C. Vacco, Atty. Gen. of State of New York, Albany, NY, for defendant-appellant.

David S. Rosner, Kasowitz Hoff Benson Torres & Friedman, New York City, for Unsecured Creditors Committee.

MEMORANDUM OPINION

KAPLAN, District Judge.

This appeal from an order of the Bankruptcy Court (Conrad, J.) presents the question whether the New York State Department of Social Services ("DSS") may recoup alleged pre-petition Medicaid overpayments to a nursing home against post-confirmation reimbursements where the DSS, although on notice of the bankruptcy, failed to file a notice of claim. The Court holds, as did the Court below, that the DSS's right to...

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