Legal Opinion
Fahey v. Whalen
New York Supreme Court
Decided November 22, 1975PublishedCited by 6 opinions
1Opinion of the CourtEdward F. McLaughlin, J.
Petitioner brings this motion pursuant to CPLR article 78 to obtain injunctive relief restraining respondents from deducting some $39,388 in medicaid overpayments received by petitioner between 1971 and 1974 from current medicaid reimbursement payments being made to petitioner by respondents. Petitioner further seeks to compel respondents, pursuant to article 28 of the Public Health Law to perform the alleged ministerial function of paying petitioner full medicaid reimbursement payments currently due petitioner’s nursing home facility.
Petitioner is the operator of the Castle Rest Nursing…
2Cases cited7 opinions
- Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
- United States v. WurtsSupreme Court of the United States · 1938
- United States v. BarlowSupreme Court of the United States · 1889
- United States v. CarrSupreme Court of the United States · 1890
- Wells v. . JohnstonNew York Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hurlbut v. WhalenAppellate Division of the Supreme Court of the State of New York · 1977
- Lang v. BergerDistrict Court, S.D. New York · 1977
- Greenwald v. Axelrod (In Re Greenwald)District Court, S.D. New York · 1984
- State v. Belt Parkway Nursing HomeNew York Supreme Court · 1978
- Losey v. RobertsDistrict Court, N.D. New York · 1983
1 more not listed; retrieve them via the Exa API.