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MATTER OF MARTIN v. LAVINE

76 Misc.2d 199 (1973)

In the Matter of William Martin et al., on Behalf of Themselves and All Other Persons Similarly Situated, Petitioners, v. Abe Lavine, as State Commissioner of Social Services, Respondent.

Supreme Court, Special Term, New York County.

August 21, 1973

Attorney(s) appearing for the Case

John C. Gray, Jr., and Paul F. McAloon for petitioners. Louis J. Lefkowitz, Attorney-General (Ilene J. Slater of counsel), for respondent.

NATHANIEL T. HELMAN, J.

Petitioners, who are all patients confined to residential hospital facilities for the chronically ill, are recipients of Medicaid under New York Social Services Law (§ 363 et seq. [Medical Assistance for Needy Persons]), and simultaneously receive old age survivors and disability insurance benefits (OASDI) pursuant to subchapter II of the Social Security Act (U. S. Code, tit...

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