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CASE v. FARGNOLI

182 Misc.2d 996 (1999)

702 N.Y.S.2d 764

RAYMOND P. CASE, as Commissioner of the Department of Social Services of the County of Tioga, Plaintiff, v. ANTHONY FARGNOLI, SR., et al., Defendants.

Supreme Court, Tompkins County.

December 20, 1999.

Attorney(s) appearing for the Case

Musacchio & Pyle, Gowanda (Roger E. Pyle of counsel), for plaintiff.

Rifken, Frankel & Greenman, P. C., Dewitt (Benjamin D. Levine of counsel), for defendants.

OPINION OF THE COURT

WALTER J. RELIHAN, JR., J.

The plaintiff, Commissioner of the Tioga County Department of Social Services, brings an action to recoup moneys paid from Medicaid funds for home care and nursing home services rendered to defendant's wife between December 1990 and December 1996, plus interest and attorney's fees. Plaintiff now moves for summary judgment. Defendants agree that no disputed questions of fact are present and cross-move for summary...

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