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PORT CHESTER NURSING HOME v. AXELROD

No. 85 Civ. 8407 (RLC).

732 F.Supp. 440 (1990)

PORT CHESTER NURSING HOME, Plaintiff, v. David AXELROD, M.D., Commissioner of the New York State Department of Health; Cesar Perales, Commissioner of the State of New York Department of Social Services; R. Wayne Diesel, Budget Director of the State of New York; John J. Allen, Acting Commissioner of the Westchester County Department of Social Services; and William Grinker, Administrator of the New York City Human Resources Administration, and Commissioner of the New York City Department of Social Services, Defendants.

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

March 13, 1990.

Attorney(s) appearing for the Case

Marvin Neiman, P.C., New York City (Marvin Neiman, Betsy R. Malik, of counsel), for plaintiff.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City (Darren O'Connor, of counsel), for defendants Axelrod, Perales and Diesel.

ROBERT L. CARTER, District Judge.

Plaintiff Port Chester Nursing Home brings this action under Title XIX of Chapter 7 of the Social Security Act, 42 U.S.C. §§ 1396 et seq., Section 1 of the Civil Rights Act of 1871, 42 U.S.C. § 1983, the equal protection clause of the United States Constitution, the laws of the State of New York, and the New York State Constitution. Defendants are administrative officials of New York State, Westchester County...

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