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GILCHRIST v. HARRIS

No. 77 CIV 3732 (LBS).

493 F.Supp. 859 (1980)

Roberta GILCHRIST, for herself and as the representative of the Estate of James Gilchrist, Sr., Kenneth Smith and Selma Smith, Individually and on behalf of all other persons similarly situated, Plaintiffs, v. Patricia Roberts HARRIS, as Secretary of the Department of Health and Human Services, Barbara Blum, as Commissioner of the New York State Department of Social Services, Defendants.

United States District Court, S. D. New York.

June 16, 1980.

Attorney(s) appearing for the Case

Lee A. Hoffman, Jr., New City, N. Y., Jane Greengold Stevens, Legal Services for the Elderly Poor, New York City, for plaintiffs.

John S. Martin, Jr., U. S. Atty. for the Southern District of New York, Gaines Gwathmey, III, Asst. U. S. Atty., Robert Abrams, Atty. Gen. of the State of New York, Frederick K. Mehlman, Asst. Atty. Gen., New York City, for defendants.

OPINION

SAND, District Judge.

We deal once again with the plaintiffs, Kenneth and Selma Smith,1 recipients of federal and state benefits under the Federal Supplemental Security Income ("SSI") program. Plaintiffs challenge a classification used by New York State in providing supplemental state benefits as violative of both the Social Security Act and its implementing regulations, 42 U.S.C. § 1382 et seq., 20 C.F.R...

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