CALKINS v. BLUM

No. 78-IV-145.

511 F.Supp. 1073 (1981)

Kenneth CALKINS, Yvonne Calkins, Gerald Makin, Helen Makin, Martin E. Toomey, Sr., and Mary Toomey, individually and on behalf of their minor children residing with them, and on behalf of all other persons similarly situated, Plaintiffs, and Alexander Kliss, Jane Kliss, David Hodeker, and Connie Hodeker, individually and on behalf of all other persons similarly situated, Curtis Williams, Addie Williams, Isahiah Floyd, and Louise Floyd, individually and on behalf of their minor children residing with them, and on behalf of all other persons similarly situated, Plaintiffs-Intervenors, v. Barbara B. BLUM, individually and as Commissioner of the New York State Department of Social Services, John L. Lascaris, individually and as Commissioner of the Onondaga County Department of Social Services, Sarah A. Curtis, individually and as Commissioner of the Steuben County Department of Social Services, W. Burton Richardson, individually and as Commissioner of the Monroe County Department of Social Services, Jerim Klapper, individually and as Commissioner of the Orleans County Department of Social Services, and Beverly Carbb, individually and as Commissioner of the Genesee County Department of Social Services, Defendants.

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

As Amended April 15, 1981.


Attorney(s) appearing for the Case

Onondaga Neighborhood Legal Services, Kliss & Hodeker, Syracuse, N. Y., for plaintiffs and plaintiffs-intervenors; Maurie Heins, Syracuse, N. Y., of counsel.

Southern Tier Legal Services, Corning, N. Y., for plaintiffs; Martin A. Hotvet, Corning, N. Y., of counsel.

Greater Up-State Law Project, Rochester, N. Y., for plaintiffs and plaintiffs-intervenors Kliss and Kodeker; Rene H. Reixach, Rochester, N. Y., of counsel.

Orleans Legal Aid Bureau, Inc., Albion, N. Y., for plaintiffs-intervenors Williams; John Cebula, Albion, N. Y., of counsel.

Orleans Legal Aid Bureau, Inc., Batavia, N. Y., for plaintiffs-intervenors Floyd Genesee Branch; Raymond Rodriguez, Batavia, N. Y., of counsel.

Robert Abrams, Atty. Gen., for State of New York, Syracuse, N. Y., for defendant Blum; Anne Meadvin, Asst. Atty. Gen., Syracuse, N. Y., of counsel.

Onondaga County Dept. of Social Services, Syracuse, N. Y., Attorney for defendant Lascaris; John Barnaba, Syracuse, N. Y., of counsel.

Steuben County Dept. of Social Services, Bath, N. Y., for defendant Curtis; Wendy Lee Gould, Bath, N. Y., of counsel.

Monroe County Dept. of Social Services, Rochester, N. Y., for defendant Russo; James Robinson, Rochester, N. Y., of counsel.

Thomas Young, Holley, N. Y., for defendant Klapper.

W. Douglas Call, Batavia, N. Y., for defendant Crabb.


MEMORANDUM—DECISION AND ORDER

MUNSON, Chief Judge.

The named plaintiffs, plaintiff-intervenors,1 and absent proposed class members are aged, blind, or disabled adults, their spouses, and any dependent children. All named plaintiffs have sought medical assistance [medicaid] as medically needy persons. In this action for declaratory, injunctive, and monetary relief, the plaintiffs2 aver, inter...

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