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BELLIN v. ZUCKER

19 Civ. 5694 (AKH).

457 F.Supp.3d 414 (2020)

Rosalind BELLIN, on behalf of herself and all others similarly situated, Plaintiff, v. Howard A. ZUCKER, M.D., J.D., in his official capacity as Commissioner, New State Department of Health, and ElderServe Health, Inc. d.b.a. RiverSpring at Home., Defendants.

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

Signed April 30, 2020.

Attorney(s) appearing for the Case

Nina Keilin, New York, NY, Aytan Yehoshua Bellin, Bellin & Associates, LLC, White Plains, NY, for Plaintiff.

Rene Frances Hertzog, Office of the Attorney General, New York, NY, for Defendant Howard A. Zucker, J.D., M.D.

Brian Thomas McGovern, Mara Rose Lieber, Crowell & Moring LLP, New York, NY, Jane Bello Burke, Hodgson Russ LLP, Albany, NY, Joshua I. Feinstein, Hodgson Russ LLP, Peter Wiltenburg, Bond, Schoeneck & King PLLC, Buffalo, NY, Katherine Laura McCrink, Lori Rosen Semlies, Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY, for Defendant ElderServe Health, Inc.

OPINION AND ORDER GRANTING MOTION TO DISMISS

Rosalind Bellin, a Medicaid recipient, brings a putative class action alleging that new applicants for Medicaid-funded personal care services in New York are unlawfully denied certain appeal rights. Defendants move to dismiss pursuant to...

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