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RUBIN v. GARVIN

Docket No. 06-1614-pr.

544 F.3d 461 (2008)

Daniel RUBIN, Petitioner-Appellant, v. Henry GARVIN, Superintendent, Mid-Orange Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 29, 2008.

Attorney(s) appearing for the Case

Robert A. Culp, Garrison, N.Y., for Petitioner-Appellant.

Alyson J. Gill, Assistant Attorney General (Andrew M. Cuomo, Attorney General of the State of New York, Barbara D. Underwood, Solicitor General, Roseann B. MacKechnie, Deputy Solicitor General for Criminal Matters, on the brief), New York, N.Y., for Respondent-Appellee.

Before: FEINBERG and HALL, Circuit Judges, and SAND, District Judge.

FEINBERG, Circuit Judge:

In 1999, Petitioner Daniel Rubin was convicted in New York Supreme Court, Albany County, of one count of second-degree grand larceny and eight counts of first-degree offering a false instrument for filing, based on evidence that he and his home health care agency knowingly overcharged New York State for Medicaid reimbursements. Now, some nine years later, we are faced with Rubin's appeal from a decision...

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