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ANDREE BY ANDREE v. COUNTY OF NASSAU

No. 02-CV-688 (ADS)(ETB).

311 F.Supp.2d 325 (2004)

Ashley ANDREE an infant, by her Mother and Natural Guardian, Christine ANDREE, and on behalf of all persons similarly situated, Plaintiff, Franklin Moronta, an infant, by his Mother and Natural Guardian, Regina Vargas, and on behalf of all persons similarly situated, Intervenor-Plaintiff, v. The COUNTY OF NASSAU and Richard Sherman, Individually and as Commissioner of the Nassau County Department of Social Services, Defendants.

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

March 26, 2004.

Attorney(s) appearing for the Case

Fitzgerald & Fitzgerald, P.C., Yonkers, NY (Mitchell Gittin, of Counsel), for the Plaintiff.

Nassau County Attorney's Office, by Deputy County Attorney Bonnie Garone SPATT, District Judge, Mineola, NY, for the Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

At issue here are the allegations of the plaintiffs that Nassau County has a policy of unlawfully imposing Medicaid liens on personal injury awards for reimbursement of moneys paid for pre-school and school based special education and related services to disabled children, which are mandated by the law to be provided free of charge.

The amended complaint asserts, among other things, violations...

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