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GREENERY REHABILITATION GROUP, INC. v. SABOL

No. 93-CV-309.

841 F.Supp. 58 (1993)

The GREENERY REHABILITATION GROUP, INC., Plaintiff, v. Barbara SABOL, as Commissioner of the New York City Human Resources Administration, the City of New York, and Greg Kaladjian, as Commissioner of the New York State Department of Social Services, Defendants. Barbara SABOL, as Commissioner of the New York City Human Resources Administration, the City of New York, and Greg Kaladjian, as Commissioner of the New York State Department of Social Services, Third Party Plaintiffs, v. Donna E. SHALALA, as Secretary of the United States Department of Health and Human Services, Third Party Defendant.

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

December 28, 1993.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, Albany, NY (Hermes Fernandez, of counsel), for plaintiff.

NYC Corp. Counsel, New York City (Norma Cote, of counsel), for defendant and third party plaintiff Sabol and New York City.

New York State Attorney General, Albany, NY (Deirdre Roney, of counsel), for defendant and third party plaintiff Kaladjian.

United States Attorney's Office, Albany, NY (James C. Woods, of counsel), for third party defendant Shalala.

MEMORANDUM-DECISION AND ORDER

McAVOY, Chief Judge.

The third party defendant Donna E. Shalala moves to dismiss the third party complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction. Two theories have been advanced in support of the said motion. First, it is alleged that the third-party complaint is not ripe for judicial review. Second, it is alleged that the State and City defendants failed to...

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