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HEMPSTEAD GENERAL HOSPITAL v. WHALEN

No. 76 C 2282.

474 F.Supp. 398 (1979)

HEMPSTEAD GENERAL HOSPITAL, Hempstead Park Nursing Home, and East Rockstead Associates, Plaintiffs, v. Robert P. WHALEN, as Commissioner of Health of the State of New York, Philip L. Toia, as Commissioner of Social Services of the State of New York, Hugh L. Carey, as Governor of the State of New York, David Matthews, as Secretary of the U.S. Department of Health, Education and Welfare and the Church Charity Foundation of Long Island, Defendants.

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

August 3, 1979.

Attorney(s) appearing for the Case

Hayt, Hayt & Landau by Robert A. Wild, Great Neck, N.Y., for plaintiffs.

Cullen & Dykman, Brooklyn, N.Y., for Church Charity Foundation.

Robert Abrams, Atty. Gen. of State of N.Y. by Charles A. Bradley, Sp. Asst. Atty. Gen., New York City, Edward R. Korman, U.S. Atty., E.D.N.Y. by Cyril Hyman, Brooklyn, N.Y., for defendants.

MEMORANDUM AND ORDER

GEORGE C. PRATT, District Judge.

I. INTRODUCTION

In this action plaintiffs challenge the constitutionality of certain New York State Medicaid regulations, claiming that they (1) are inconsistent with federal law, (2) violate the Supremacy Clause, and (3) deprive plaintiffs of their property without due process of law. Plaintiffs seek both declaratory and injunctive relief compelling the state defendants to approve an...

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