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Yapalater v. Bates

UNITED STATES COURT OF APPEALS, SECOND CIRCUIT


decided: March 25, 1981.

ALVIN R. YAPALATER, M.D., F.A.P.A., PLAINTIFF-APPELLANT,
v.
CHARLES W. BATES, INDIVIDUALLY AND AS WESTCHESTER COUNTY COMMISSIONER OF SOCIAL SERVICES, AND HENRY J. LEFKOWITS, M.D., INDIVIDUALLY AND AS WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES PSYCHIATRIC CONSULTANT, DEFENDANTS-APPELLEES, AND BARBARA BLUM, INDIVIDUALLY AND AS NEW YORK STATE COMMISSIONER OF THE DEPARTMENT OF SOCIAL SERVICES; WILLIAM STEIBEL, INDIVIDUALLY AND AS DEPUTY COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES (DIVISION OF MEDICAL ASSISTANCE); ROBERT P. WHALEN, INDIVIDUALLY AND AS COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH; ALBERT DEMARTINO, INDIVIDUALLY AND AS DIRECTOR OF THE WHITE PLAINS REGIONAL OFFICE OF THE NEW YORK STATE DEPARTMENT OF HEALTH; AND LOIS EIL, INDIVIDUALLY AND AS MEDICAL DIRECTOR, WESTCHESTER COUNTY DIVISION OF MEDICAL ASSISTANCE OF THE NEW YORK STATE DEPARTMENT OF HEALTH, DEFENDANTS-APPELLEES-CROSS-APPELLANTS.

Appeal from a judgment by the United States District Court for the Southern District of New York, Charles S. Haight, Jr., Judge, dismissing plaintiff psychiatrist's complaint that refusal by state and county officials to reimburse him for Medicaid services allegedly provided by individuals under his supervision violated Title XIX of the Social Security Act, 42 U.S.C. §§ 1396-1396i, and federal regulations promulgated thereunder, as well as the equal protection clause of the Constitution, U.S.Const. amend. XIV, § 1. Cross-appeal by defendant state officials from district court's ruling that plaintiff psychiatrist had a private federal cause of action.

Before Oakes and Kearse, Circuit Judges, and Neaher, District Judge.*fn*

Author: Per Curiam

Affirmed on the opinion below. We affirm on the memorandum opinion and order of the United States District Court for the Southern District of New York, Charles S. Haight, Jr., Judge, 494 F. Supp. 1349 (S.D.N.Y.1980), holding that Yapalater is entitled to assert his claim under § 1983, but dismissing his complaint on the merits.


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