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MELVILLE v. APFEL

Docket No. 98-6176.

198 F.3d 45 (1999)

Ellen MELVILLE, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 20, 1999.

Attorney(s) appearing for the Case

Daniel D. Kuhn, Staten Island, New York (Kuhn & O'Toole, Staten Island, New York, Kenneth Rosenfeld, James M. Baker, Northern Manhattan Improvement Corp., New York, New York, on the brief), for Plaintiff-Appellant.

Stephen J. Riegel, Assistant United States Attorney, Brooklyn, New York (Zachary W. Carter, United States Attorney for the Eastern District of New York, Deborah B. Zwany, Varuni Nelson, Kathleen A. Mahoney, Assistant United States Attorneys, Brooklyn, New York, on the brief), for Defendant-Appellee.

The Legal Aid Society, New York, New York (Helaine M. Barnett, Civil Division, Scott A. Rosenberg, Kathleen M. Kelleher, Civil Appeals & Law Reform Unit, New York, New York, Marshall Green, Ian F. Feldman, Bronx Neighborhood Office, Bronx, New York, Warren B. Scharf, Maria A. Pizzimenti, Brooklyn Neighborhood Office, Brooklyn, New York, of counsel), filed a brief as Amicus Curiae in support of Appellant.

Before: KEARSE, STRAUB, and POOLER, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiff Ellen Melville appeals from a final judgment of the United States District Court for the Eastern District of New York, Frederic Block, Judge, dismissing her complaint against defendant Commissioner of Social Security ("Commissioner") for supplemental security income ("SSI") under § 1614(a)(3)(A) of the Social Security Act, 42 U.S.C. § 301 et seq. (1994), on account of her disability between June 1994 and December...

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