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BERNSTEIN ON BEHALF OF BERNSTEIN v. SHALALA

No. CV 93-0375 (ADS).

864 F.Supp. 300 (1994)

George BERNSTEIN on Behalf of Theodore BERNSTEIN, Plaintiffs, v. Donna SHALALA, Secretary of the Department of Health and Human Services, Defendant.

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

May 27, 1994.

Attorney(s) appearing for the Case

Robert, Lerner & Bigler by Charles Robert, Rockville Centre, NY, for plaintiffs.

Zachary W. Carter, U.S. Atty., E.D.N.Y. by Asst. U.S. Atty., Leslie Brodsky, Brooklyn, NY, for defendant.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

On behalf of the plaintiff Theodore Bernstein ("Bernstein" or "plaintiff"), George Bernstein commenced this action pursuant to 42 U.S.C. § 405(g) to appeal the denial of Medicare benefits to the plaintiff based on the finding that the Request for Reconsideration of the denial of the benefits was not timely filed. The defendant Donna E. Shalala, Secretary of Health and Human Services, moves...

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