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YAPALATER v. BATES

No. 80 Civ. 1794-CSH.

494 F.Supp. 1349 (1980)

Alvin R. YAPALATER, M.D., F.A.P.A., Plaintiff, v. Charles W. BATES, Individually and as Westchester County Commissioner of Social Services; Barbara Blum, Individually and as New York State Commissioner of the Department of Social Services; William Steibel, Individually and as Deputy Commissioner of the New York State Department of Social Services (Division of Medical Assistance); Robert P. Whalen, Individually and as Commissioner of the New York State Department of Health; Albert DeMartino, Individually and as Director of the White Plains Regional Office of the New York State Department of Health; Lois Eil, Individually and as Medical Director, Westchester County Division of Medical Assistance of the New York State Department of Health; Henry J. Lefkowits, M.D., Individually and as Westchester County, Department of Social Services, Psychiatric Consultant, Defendants.

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

July 30, 1980.

Attorney(s) appearing for the Case

Marc E. Grossman, White Plains, N. Y., for plaintiff; Evelyn K. Isaac, Fahey & Isaac, White Plains, N. Y., of counsel.

Samuel S. Yasgur, Westchester County Atty., White Plains, N. Y., for Westchester County defendants; Eric D. Koster, Sr. Asst. County Atty., White Plains, N. Y. of counsel.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for State defendants; Ellen J. Bronzo, Asst. Atty. Gen., New Hyde Park, N. Y., of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Plaintiff Alvin R. Yapalater, M.D., is a psychiatrist practicing in White Plains, Westchester County, New York. He is a provider of services under New York State's Medicaid Plan, which is funded in part by the federal government pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq.

Defendants Charles W. Bates, Albert DeMartino, Lois Eil, and Henry J. Lefkowits...

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