Efs Medical Supplies, Inc., et al., Respondents,
v.
Michael J. Dowling, as Social Services Commissioner of The State of New York, Appellant
New York State Podiatric Medical Association et al., Respondents,
v.
Brian J. Wing, as Acting Social Services Commissioner of The State of New York, et al., Appellants
New York State Psychiatric Association, Inc., et al., Respondents,
v.
Brian J. Wing, as Acting Social Services Commissioner of The State of New York, et al., Appellants
F. Russell Kellogg et al., Appellants-Respondents,
v.
Brian Wing, as Acting Social Services Commissioner of The State of New York, Respondent-Appellant
Robert I. Appel, on Behalf of Himself and All Others Similarly Situated, Appellant-Respondent,
v.
Brian J. Wing, Individually and as Social Services Commissioner of The State of New York, Respondent-Appellant
Benjamin C. Lifshitz, on Behalf of Himself and All Others Similarly Situated, Appellant-Respondent,
v.
Brian J. Wing, Individually and as Social Services Commissioner of The State of New York, Respondent-Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 15, 1998
December 15, 1998
Attorney(s) appearing for the Case
Vincent Leong of counsel, New York City (Dennis C. Vacco, Attorney-General), for State appellants.
Peter F. Nadel of counsel (David A. Florman on the brief; Rosenman & Colin, L. L. P., attorneys), for respondents in the EFS Medical Supplies, Inc. action bearing appeal number 908.
Philip A. Greenberg of counsel (Wallman, Greenberg, Gasman & McKnight, L. L. P., attorneys), for respondents in the New York State Podiatric Medical Association action bearing appeal number 908A.
Robert L. Schonfeld of counsel (Stein & Schonfeld, attorneys), for respondents in the New York State Psychiatric Association, Inc. action bearing appeal number 908B.
Craig A. Landy of counsel (Whitney North Seymour, Jr., and Peter James Clines on the brief; Landy & Seymour, attorneys), for appellants-respondents in the F. Russell Kellogg action bearing appeal number 909.
Joseph Opper of counsel (David J. Bershad and Robert P. Sugarman on the brief; Milberg Weiss Bershad Hynes & Lerach, L. L. P., attorneys), for appellant-respondent in the Robert I. Appel action bearing appeal number 910.
Michael S. Egan of counsel (Mel E. Lifshitz on the brief; Bernstein Liebhard & Lifshitz, attorneys), for appellant-respondent in the Benjamin C. Lifshitz action bearing appeal number 911.
MILONAS, J. P., ELLERIN, MAZZARELLI and SAXE, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
TOM, J.
This consolidated appeal arises from the State's refusal to pay Medicare cost-sharing claims to certain health care providers in connection with treatment of Medicare-eligible patients who, under former law, had also been eligible for Medicaid coverage of copayments and other amounts not covered by Medicare. After a 1987 New York regulation terminating the State's obligations for Medicare cost-sharing...
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