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MATTER OF KANE v. PARRY

82 Misc.2d 1019 (1975)

In the Matter of Nina Kane, Petitioner, v. Henry G. Parry, Jr., as Commissioner of the Orange County Department of Social Services, et al., Respondents. In the Matter of Minette Boerum, Petitioner, v. Henry G. Parry, Jr., as Commissioner of the Orange County Department of Social Services, et al., Respondents.

Supreme Court, Orange County.

July 28, 1975

Attorney(s) appearing for the Case

Leona Freisinger for petitioners. John D. Bright for Henry G. Parry, Jr., respondent. Louis J. Lefkowitz, Attorney-General, for Abe Lavine, as Commissioner of the State Department of Social Services, respondent.

JOHN W. SWEENY, J.

In the above-entitled article 78 proceedings, consolidated for the purpose of this decision, petitioners seek a judgment (a) declaring that said petitioners' Medicaid benefits for nursing home care are being discontinued by respondents without notice or opportunity for a fair hearing as required by 18 NYCRR 358.4(a)(4), (b) directing respondents to afford petitioners the opportunity to have...

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