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STATE OF N.Y. v. LUTHERAN CENTER FOR THE AGING, INC.

No. CV 96-4056 (ADS).

957 F.Supp. 393 (1997)

STATE of NEW YORK, Plaintiff, v. LUTHERAN CENTER FOR THE AGING, INC., Defendant. LUTHERAN CENTER FOR THE AGING, INC., Third Party Plaintiff, v. Donna E. SHALALA, as Secretary of the United States Department of Health and Human Services, Third Party Defendant.

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

February 21, 1997.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney General, State of New York, Medicaid Center Fraud Unit, Heloisa G. Rapaport, Special Assistant Attorney General, New York City, for State of New York.

Cullen & Dykman, Garden City, NY, (Peter Mastaglio, of counsel), for Defendant-Third Party Plaintiff.

Zachary W. Carter, United States Attorney by Richard M. Molot, Assistant United States Attorney, Brooklyn, NY, for Third-Party Defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge:

This action arises from the allegations of the plaintiff, the State of New York (the "State" or "plaintiff"), against the defendant-third party plaintiff, Lutheran Center for the Aging, Inc. ("LCA" or the "defendant" or "third party plaintiff") for wrongfully obtaining Medicaid benefits under New York State law. The defendant in turn alleges that to the extent that it is found liable for any Medicaid...

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