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JAMES SQUARE NURSING HOME, INC. v. WING

Civ. No. 93-CV-477 (FJS).

897 F.Supp. 682 (1995)

JAMES SQUARE NURSING HOME, INC., Plaintiff, v. Brian WING, as Acting Commissioner of the Department of Social Services of the State of New York, Defendant.

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

August 29, 1995.

Attorney(s) appearing for the Case

Sherrin & Glasel, Albany, NY (Jeffrey J. Sherrin, of counsel), Kronish, Lieb, Weiner & Hellman, New York City (Jerome T. Levy, of counsel), for Plaintiff.

Dennis C. Vacco, Attorney General of NYS, Syracuse, NY (Joanne Hunt Piersma, Asst. Attorney General, of counsel), for Defendant.

O'Connell and Aronowitz, Albany, NY, (Cornelius D. Murray, of counsel), for Amicus Curiae.

DECISION AND ORDER

SCULLIN, District Judge.

INTRODUCTION

This matter is before the Court on plaintiff James Square Nursing Home, Inc.'s ("James Square") motion for a preliminary injunction and on the parties' cross-motions for summary judgment. James Square is a nursing home that provides services to Medicare and Medicaid patients. Defendant Brian Wing is the Acting Commissioner of the Department of Social Services for the State of New York...

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