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NEW YORK STATE DEPT. OF SOCIAL SERVICES v. BOWEN

No. CV 86-2132.

684 F.Supp. 775 (1988)

The NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES, Cesar Perales, as Commissioner of the New York State Department of Social Services, and Rosel Hoevals, by Her Representative and Next Friend, William Kaufman, SS # 112-28-8745, Plaintiffs, v. Otis R. BOWEN, M.D., Secretary of the United States Department of Health and Human Services, Defendant.

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

April 28, 1988.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen. by Marla Tepper, New York City, for plaintiffs.

Andrew J. Maloney, U.S. Atty. by Kevan Cleary, Asst. U.S. Atty., Brooklyn, N.Y., for defendant.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiff, The New York State Department of Social Services ("DSS" or the "State Agency") seeks reimbursement of funds expended in paying for a now-deceased individual's treatment at a convalescent facility. Reimbursement is sought from the United States Department of Health and Human Services ("HHS" or the "Federal Government") on the ground that the Federal Government improperly denied payment of the relevant...

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