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GROSSMAN v. AXELROD

No. 79 Civ. 338 (CHT).

466 F.Supp. 770 (1979)

Abraham GROSSMAN d/b/a Bruckner Nursing Home, Plaintiff, v. David AXELROD, M. D., Acting Commissioner of the State of New York Department of Health, Howard F. Miller, Acting Director of the Budget of the State of New York, and Barbara B. Blum, Commissioner of the State of New York Department of Social Services, Defendants.

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

February 26, 1979.

Attorney(s) appearing for the Case

Marvin L. Tenzer, New York City, for plaintiff; Scott B. Lunin, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for defendants; Allan S. Moller, Asst. Atty. Gen., Paul R. Keitzman, Asst. Counsel, New York State Dept. of Social Services, of counsel.

OPINION

TENNEY, District Judge.

Abraham Grossman d/b/a Bruckner Nursing Home ("Bruckner") commenced this action for declaratory and injunctive relief to prevent the defendants from recouping sums allegedly owed the New York State Medicaid Program because of a retroactive reduction in the 1976 reimbursement rate. On January 19, 1979, the Court ordered the defendants to show cause why an order should not be entered: (1) enjoining them from recouping the sums...

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