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CONCOURSE REHABILITATION & NURSING CTR. v. DeBUONO

No. 98-7894.

179 F.3d 38 (1999)

CONCOURSE REHABILITATION & NURSING CENTER INC.; Concourse Nursing Home, Plaintiff-Appellant, v. Barbara A. DeBUONO, individually and as Commissioner of the New York State Department of Health, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 3, 1999.

Attorney(s) appearing for the Case

Marvin Neiman, New York, New York (Theodore T. Mairanz, Betsy R. Malik, Neiman Ginsburg & Mairanz, P.C., New York, New York, of counsel), for Appellant.

Barbara K. Hathaway, Assistant Attorney General, New York, New York (Dennis C. Vacco, Attorney General of the State of New York, John W. McConnell, Deputy Solicitor General, Michael S. Belohlavek, Assistant Attorney General, New York, New York, of counsel), for Appellee.

Cornelius D. Murray, Albany, New York (Pamela A. Nichols, O'Connell and Aronowitz, P.C., Albany, New York, of counsel), filed a brief for Amicus Curiae New York State Health Facilities Association, Inc.

Evelyn Huang, New York, New York, filed a brief Amicus Curiae for The Greater New York Health Care Facilities Association.

Harvey Weinberg, Garden City, New York (John F. Kaley, Weinberg, Kaley, Gross & Pergament, L.L.P., of counsel), filed a brief Amicus Curiae for The Southern New York Association, Inc.

Before: WINTER, Chief Judge, CARDAMONE, and STRAUB, Circuit Judges

CARDAMONE, Circuit Judge:

Plaintiff, Concourse Rehabilitation & Nursing Center, Inc. and Concourse Nursing Home (collectively Concourse, plaintiff or appellant), is a 240-bed residential health care facility in the Bronx, New York. Concourse was found as a result of a State audit to have been reimbursed for care of Medicaid patients in an amount greater than that to which it was entitled. It thereafter brought a 42 U.S.C. § 1983 suit in the United States...

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