Glass v. Department of Health

Plaintiff moves for an injunction pendente lite restraining defendants from “referring, recommending and/or transporting any students attending P. S. 116, Brooklyn, New York, to Wyckoff Heights Hospital or any *881other hospital or institution in violation of the provisions of the Medicaid Act, Title 19 of the Social Security Act of 1935.” Defendants cross-move to dismiss the complaint for insufficiency. Since the latter motion is supported by affidavits to which plaintiff responded, the court will consider the motion as one for summary judgment (CPLR 3211, subd. [c]; Kronish, Lieb, Shainswit,…