Court of Appeals for the Second Circuit April 28, 1999, Docket 97-7005 (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