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  5. 87 N.Y.2d 399 (1995)
 

NYC HEALTH & HOSPS. v. BANE

87 N.Y.2d 399 (1995)

663 N.E.2d 297

639 N.Y.S.2d 985

New York City Health and Hospitals Corporation et al., Appellants, v. Mary Jo Bane, as Commissioner of Social Services of the State of New York, Respondent. Medical Society of the State of New York et al., Appellants, v. Mary Jo Bane, as Commissioner of Social Services of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 21, 1995.

Attorney(s) appearing for the Case

Rosenman & Colin, New York City (Peter F. Nadel and David A. Florman of counsel), and LeBoeuf, Lamb, Greene & MacRae (Jay G. Safer and Beverly G. Steinberg of counsel), for appellants in the two above-entitled actions.

Dennis C. Vacco, Attorney-General, New York City (Robert A. Forte, Victoria A. Graffeo and Peter H. Schiff of counsel), for respondent in the two above-entitled actions.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH and LEVINE concur; Judge TITONE taking no part.

CIPARICK, J.

Plaintiffs, Medicare and Medicaid services providers, obtained a Federal court judgment declaring invalid a regulation adopted by defendant Commissioner of the Department of Social Services which limited defendant's responsibility for coinsurance payments incurred in connection with Medicare Part B services rendered to certain "dually eligible" elderly and poor patients. After the declaration of...

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