SENIOR LIFE MGT. v. DOWLING


225 A.D.2d 224 (1996)

650 N.Y.S.2d 437

In the Matter of Senior Life Management, Inc., Respondent, v. Michael J. Dowling, as Commissioner of Social Services of The State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 27, 1996


Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Lew A. Millenbach and Nancy A. Spiegel of counsel), for appellant.

Arent, Fox, Kintner, Plotkin & Kahn, New York City (Jerome T. Levy of counsel), for respondent.

MIKOLL, J. P., CREW III, WHITE and CASEY, JJ., concur.


YESAWICH JR., J.

This proceeding involves the interplay of the Federal statutes establishing the Medicare and Medicaid programs (see, 42 USC § 1395 et seq. [hereinafter the Medicare Act]; § 1396 et seq. [hereinafter the Medicaid Act]). At issue is the authority of respondent to deny payment to petitioner, an approved Medicare provider, for certain services furnished to Medicare...

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