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NEW YORK STATE DEPT. OF SOCIAL SERVICES v. BOWEN

No. 83 Civ. 7548 (RJW).

661 F.Supp. 1537 (1987)

The NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES and Cesar Perales, as Commissioner of the New York State Department of Social Services, Plaintiffs, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant.

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

June 10, 1987.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for plaintiffs; Mary Fisher Bernet, Asst. Atty. Gen., of counsel.

Rudolph W. Giuliani, U.S. Atty., South. Dist. of N.Y., New York City, Attorney for defendant; Paula A. Sweeney, Asst. U.S. Atty., David Engel, U.S. Dept. of Health and Human Services, of counsel.

ROBERT J. WARD, District Judge.

Plaintiff, the New York State Department of Social Services ("NYSDSS"), has instituted this action to challenge a regulation of the Department of Health and Human Services ("HHS"), multiple determinations by the Secretary pursuant to that regulation, and HHS policy on administrative hearings. The plaintiff challenges: (1) multiple determinations by the Secretary that deny NYSDSS (as alleged subrogee of certain Medicare beneficiaries...

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