Toby Cohen v. Empire Blue Cross and Blue Shield

KEARSE, Circuit Judge:

Plaintiff Toby Cohen appeals from a judgment entered in the United States District Court for the Southern District of New York, Allen G. Schwartz, Judge, dismissing her complaint alleging that defendant Empire Blue Cross and Blue Shield (“Empire”) failed, in its capacity as a fiscal intermediary for Medicare, to pay Cohen’s Medicare claims, and that Empire failed to process claims properly in its capacity as her private insurer. The district court granted Empire’s motion to dismiss the complaint on grounds of immunity, lack of subject matter jurisdiction, and failure to…