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WINTERS v. LAVINE

No. 1152, Docket 77-7101.

574 F.2d 46 (1978)

Miriam WINTERS, Plaintiff-Appellant, v. Abe LAVINE, Individually and as Commissioner of the New York State Department of Social Services, and James R. Dumpson, Individually and as Commissioner of the New York City Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 16, 1978.

Attorney(s) appearing for the Case

Jonathan A. Weiss, Legal Services for the Elderly Poor, New York City, for plaintiff-appellant.

Maryellen Weinberg, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on brief), for defendant-appellee State Commissioner.

W. Bernard Richland, Corp. Counsel, L. Kevin Sheridan, Chief, Appeals Div., New York City, for defendant-appellee Dumpson.

Before WATERMAN and TIMBERS, Circuit Judges, and MEHRTENS, District Judge.

WATERMAN, Circuit Judge:

This civil rights case brought pursuant to 42 U.S.C. § 1983 emanates from the State of New York's allegedly wrongful and unconstitutional denial of plaintiff-appellant Miriam Winters' requests that the state, through its Medicaid program, New York Social Services Law §§ 363-69 (hereinafter "N.Y. Soc. Serv. Law"), pay for what Winters asserts was "medical" treatment administered by Christian Science "practitioners" and "nurses...

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