Samuel TERMINI, Plaintiff-Appellee,
v.
Joseph CALIFANO, Secretary of the Department of Health, Education and Welfare, and Barbara Blum, as Acting Commissioner of the New York State Department of Social Services, Defendants-Appellants.
United States Court of Appeals. Second Circuit.https://leagle.com/images/logo.png
Argued September 14, 1979.
Decided November 21, 1979.
Attorney(s) appearing for the Case
Mark H. Wattenberg, Olean, N. Y. (Southern Tier Legal Services, Olean, N. Y.), for plaintiff-appellee.
Alan W. Rubenstein, Albany, N. Y. (Robert Abrams, Atty. Gen. of the State of New York, Clifford A. Royael, Albany, N. Y., on the brief), for defendants-appellants.
Legal Services for the Elderly Project of Erie County and Western New York, Inc. (Keith A. Morgenheim, Buffalo, N. Y., on the brief), submitted a brief as amicus curiae.
Before MULLIGAN, VAN GRAAFEILAND and MESKILL, Circuit Judges.
United States Court of Appeals. Second Circuit.
VAN GRAAFEILAND, Circuit Judge:
Appellee Samuel Termini, an elderly man living with his two minor children, brought this lawsuit to challenge a determination of the Social Security Administration (SSA) classifying him under N.Y.Soc.Serv.Law § 209(3) as "living with others," rather than "living alone." The United States District Court for the Western District of New York reversed the SSA's determination, holding that...
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