MORABITO v. BLUM

No. 80 Civ. 4584.

528 F.Supp. 252 (1981)

Katherine MORABITO, Juan Orellana, Lucy Rigoglioso, Ida Sandler, Florence Strzelesky, Barbara Bates, Rose Klotz, and Benigno Ortiz, individually and on behalf of all others similarly situated, and the Gray Panthers, Plaintiffs, v. Barbara BLUM, individually and in her capacity as Commissioner of the New York State Department of Social Services; Richard Schweiker, individually and in his capacity as Secretary of Health and Human Services; James Krauskopf, individually and in his capacity as Commissioner of the New York City Department of Social Services; and Noah Weinberg, as Director of the Rockland County Department of Social Services, Defendants.

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

November 25, 1981.


Attorney(s) appearing for the Case

Brooklyn Legal Services Corp. "B", Brooklyn, N.Y., John C. Gray, Jr., and Jane Greengold Stevens, Brooklyn, N.Y., and The Legal Aid Society, Civil Appeals & Law Reform Unit, John Kirklin, and Arthur J. Fried, and Legal Services For The Elderly, Toby Golick, New York City, of counsel, for plaintiffs.

Robert Abrams, Atty. Gen. of N.Y., New York City, for defendant Blum; Amy Juviler, Stanley Camhi, Asst. Attys. Gen., New York City, of counsel.

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for defendant Schweiker; Nancy Friedman, Asst. U.S. Atty., Frank V. Smith, III, Regional Atty., Dept. of Health and Human Services, Julia T. Reed, Asst. Regional Atty., Dept. of Health and Human Services, New York City, of counsel.

Allen G. Schwartz, Corp. Counsel, New York City, for defendant Krauskopf; John C. Brennan, Jay B. Itkowitz, Steven Bamundo, Asst. Corp. Counsel, New York City, of counsel.


OPINION

ROBERT J. WARD, District Judge.

This action challenges the State of New York's termination of an agreement ("the Section 1634 agreement") entered into by the State of New York and the Secretary of Health and Human Services pursuant to section 1634 of the Social Security Act, 42 U.S.C. § 1383c. It also contests the legality of certain amendments to the State of New York's Medicaid plan; these amendments prohibit Medicaid applicants and recipients...

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