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MTR. OF CASEY v. LAVINE

54 A.D.2d 250 (1976)

In the Matter of Rose Casey, Petitioner, v. Abe Lavine, as Commissioner of The Department of Social Services of the State of New York, et al., Respondents

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

November 10, 1976

Attorney(s) appearing for the Case

Hinman, Howard & Kattell (C. Addison Keeler, Jr., of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Clifford A. Royael, Ruth Kessler Toch and Jean M. Coon of counsel), for Abe Lavine, respondent.

Thomas B. Oakes for Broome County Department of Social Services, respondent.

SWEENEY, J. P., KANE, MAHONEY and HERLIHY, JJ., concur.

LARKIN, J.

By decision dated May 22, 1974 the respondent commissioner upheld an initial determination by the Broome County Department of Social Services denying medical assistance to the petitioner on the grounds that "the petitioner is not a resident of the State of New York and that the petitioner entered this State for the purpose of obtaining medical assistance and care". The decision also implied that petitioner...

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