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MATTER OF DILLINGHAM v. LAVINE

48 A.D.2d 657 (1975)

In the Matter of Robert Dillingham et al., on Behalf of Their Parents, Robert Dillingham and Constance Dillingham, Petitioners, v. Abe Lavine, as Commissioner of Social Services of the State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 5, 1975

Determinations annulled, on the law, without costs, and petitioners' application for medical assistance for their parents is granted, retroactive to July 19, 1974.

Petitioners' parents are entitled to medical assistance based upon their prior relationship with New York State and their renewed residence in the State (Matter of Corr v Westchester County Dept. of Social Servs., 33 N.Y.2d 111). The amicus curiae brief...

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