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RAPPORT v. LEAVITT

No. 07-CV-6509.

564 F.Supp.2d 186 (2008)

Ruth RAPPORT, Plaintiff, v. Michael O. LEAVITT, in his official capacity as Secretary, United States Department of Health & Human Services, Defendant.

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

July 9, 2008.

Attorney(s) appearing for the Case

Rene H. Reixach, Jr., Woods Oviatt Gilman LLP, Rochester, NY, for Plaintiff.

Christopher V. Taffe, U.S. Attorney's Office, Rochester, NY, for Defendant.

DECISION AND ORDER

MICHAEL A. TELESCA, District Judge.

INTRODUCTION

Plaintiff, Ruth Rapport ("plaintiff"), appeals the final determination of the defendant, Michael O. Leavitt, Secretary of the United States Department of Health and Human Services (the "Secretary"), denying Medicare coverage for skilled nursing facility services ("SNF") care provided to plaintiff. Plaintiff moves for judgment on the pleadings pursuant to Fed.R.Giv.P. 12...

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