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JEWISH HOME AND HOSP. FOR AGED v. WING

No. 95 Civ. 5126 (JES).

954 F.Supp. 96 (1997)

The JEWISH HOME AND HOSPITAL FOR AGED, Plaintiff, v. Brian J. WING, as Acting Commissioner of the New York State Department of Social Services, and Patricia A. Woodworth, as Director of the Budget of the State of New York, Defendants.

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

February 11, 1997.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft (Peter G. Bergmann, Brian T. McGovern, of counsel) New York City, for Plaintiff.

Dennis C. Vacco, Attorney General of the State of New York (Vincent Leong, Assistant Attorney General, of counsel), New York City, for Defendants.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

Pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 1331, 1343, and 1367, plaintiff The Jewish Home and Hospital for Aged ("Jewish Home") filed the instant action seeking injunctive and declaratory relief under the Medicare Act, 42 U.S.C. § 1395 et seq., with respect to New York's audit methodology for recouping federal Medicare program Part B reimbursements. Pursuant to Federal Rule...

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