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MATTER OF DUMBLETON v. REED

40 N.Y.2d 586 (1976)

In the Matter of Joseph Dumbleton, on Behalf of Himself and His Minor Children and All Others Similarly Situated, Appellant, v. James Reed, as Director of Monroe County Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 26, 1976.

Attorney(s) appearing for the Case

John M. LeFevre and Joseph H. Gordon, Rochester, for appellant.

Louis J. Lefkowitz, Attorney-General (Clifford A. Royael and Jean M. Coon of counsel), Albany, for respondent.

Judges WACHTLER, FUCHSBERG and COOKE concur with Judge GABRIELLI; Judge JONES dissents and votes to affirm in a separate opinion in which Chief Judge BREITEL and Judge JASEN concur.

GABRIELLI, J.

On this appeal, we must decide whether Social Security deductions under the Federal Insurance Contributions Act, otherwise known as FICA taxes, should be considered "income available" to an applicant for federally supported medical assistance under New York State's Medicaid program (Social Services Law, § 363 et seq.). Following a fair hearing, the State Commissioner of Social Services confirmed a decision of the Director of...

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