SHAKHNES EX REL. SHAKHNES v. EGGLESTON

Nos. 06 Civ. 04778(RJH), 09 Civ. 4103(RJH).

740 F.Supp.2d 602 (2010)

Boris SHAKHNES by his next friend Alla SHAKHNES, Mikhail Feldman, Fei Mock, Chaio Zhang, and Mayra Valle by her next friend, Shirley Campos-Valle, individually and on behalf of all others similarly situated, Plaintiffs, v. Verna EGGLESTON, as Commissioner of the New York City Human Resources Administration, Robert Doar, as Commissioner of the New York State Office of Temporary and Disability Assistance; and Antonia C. Novello, as Commissioner of the New York State Department of Health, Defendants. Marie Menking, by her attorney-in-fact William Menking, on behalf of herself and all others similarly situated, Plaintiff, v. Richard F. Daines, M.D., in his official Capacity as Commissioner, New York State Department of Health, and David A. Hansell, in his official capacity as Commissioner, New York State Office of Temporary and Disability Assistance, Defendants.

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

September 30, 2010.


Attorney(s) appearing for the Case

Jane Greengold Stevens , Caroline Jane Hickey , New York Legal Assistance Group, Michael Scott Gugig , Eva Lopez-Paredes , Lydia Ann Keaney , Sandra Denise Hauser , Sonnenschein Nath & Rosenthal LLP, Jennifer Beth Magida , Urban Justice Center, New York, NY, for Plaintiffs in No. 06 Civ. 04778.

Robert Lewis Kraft , Office of the Attorney General, Deborah Ellen Hochhauser , Office of Attorney General, Andrew Como , Attorney General of the State of New York, New York, NY, for Defendants in No. 06 Civ. 04778.

Aytan Y. Bellin , Bellin & Associates LLC, White Plains, NY, for Marie Menking and all others similarly situated.


MEMORANDUM OPINION AND ORDER

RICHARD J. HOLWELL, District Judge.

This opinion disposes of five motions filed in two related actions. Plaintiffs in both Shakhnes v. Eggleston, No. 06 Civ. 04778 ("Shakhnes") and Menking v. Daines, No. 09 Civ. 04103 ("Menking") allege procedural deficiencies in the processing of Medicaid appeals by the New York agencies responsible for Medicaid administration. In both, the plaintiffs assert...

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