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CLEARY v. BLUM

No. 79 Civ. 1217 (KTD).

507 F.Supp. 514 (1981)

Ethel CLEARY, on behalf of herself and all other persons similarly situated, Plaintiff, v. Barbara B. BLUM, Individually and as Commissioner of the New York State Department of Social Services, Defendant.

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

January 21, 1981.

Attorney(s) appearing for the Case

Westchester Legal Services, Inc., White Plains, N. Y., for plaintiff; Martin A. Schwartz, White Plains, N. Y., of counsel.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for defendant; Kathleen Gill Miller, Asst. Atty. Gen., New York City, of counsel.

OPINION & ORDER

KEVIN THOMAS DUFFY, District Judge:

Ethel Cleary is a 73 year old widow who suffers from arteriosclerosis and exemia, a circulatory ailment. Mrs. Cleary is also an amputee. Although Mrs. Cleary's resources are insufficient to meet the costs of necessary medical care and services, she does not qualify for public assistance because her resources exceed certain allowable limits. Instead, Mrs. Cleary is eligible for Medicaid

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