CALDWELL v. BLUM

No. 718, Docket 79-7864.

621 F.2d 491 (1980)

Ethel CALDWELL, Individually and on behalf of all other persons similarly situated, Plaintiff-Appellee, and Ella McCullough, Janet Richmond, Agnes Grant and Muriel Rothstein, as next friend of Belle Barnett, Individually and on behalf of all other persons similarly situated, Plaintiffs-Intervenors-Appellees, v. Barbara BLUM, as Commissioner of the New York State Department of Social Services, Defendant-Appellant, and James L. Covert, as Commissioner of the Madison County Department of Social Services, Madison County, New York, John L. Lascaris, as Commissioner of the Onondaga County Department of Social Services, Onondaga County, New York, Joseph P. Menaldino, as Commissioner of the Warren County Department of Social Services, Warren County, New York, Robert E. Laundree, as Commissioner of the Essex County Department of Social Services, Essex County, New York, Gabriel T. Russo, as Commissioner of the Monroe County Department of Social Services, Monroe County, New York, Defendants-Appellees. Anita PERITO and James Perito, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, and Louis Friedman, Plaintiff-Intervenor-Appellee, v. Barbara BLUM, Individually and as Commissioner of the New York State Department of Social Services, Defendant-Appellant, and Blanche Bernstein, Individually and as Commissioner of the New York City Department of Social Services, Defendant-Appellee. Jennie LANDERS, Plaintiff-Appellee, and Josephine Maniccia, Plaintiff-Intervenor-Appellee, v. Barbara BLUM, Individually and as Commissioner of the New York State Department of Social Services, Defendant-Appellant, and David R. Adinolfi, as Commissioner of the Cortland County Department of Social Services, Cortland County, New York, Defendant-Appellee. Julia WHITLOCK, Plaintiff-Appellee, v. Barbara BLUM, as Commissioner of the New York State Department of Social Services, Defendant-Appellant, and Robert Wagner, as Commissioner of the Tompkins County Department of Social Services, Tompkins County, New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 16, 1980.


Attorney(s) appearing for the Case

Clifford A. Royael, Albany, N. Y. (Robert Abrams, Atty. Gen. of the State of New York, Jeremiah Jochnowitz, Asst. Sol. Gen., Alan W. Rubenstein, Albany, N. Y., of counsel), for appellant State Commissioner of Social Services.

Rene H. Reixach, Jr., Greater Upstate Law Project, Rochester, N. Y., for plaintiffs-appellees and plaintiffs-intervenors-appellees.

Before FRIENDLY, MANSFIELD and KEARSE, Circuit Judges.


MANSFIELD, Circuit Judge:

The Commissioner of the New York State Department of Social Services appeals from a decision and order of the District Court for the Northern District of New York entered by Judge Howard G. Munson on December 3, 1979, which granted the application of plaintiffs (aged, blind or disabled New York residents who had been denied medical assistance benefits because of their transfers of their property to others) for class certification and a preliminary...

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