MATTER OF FEIGHT v. LESSER


58 N.Y.2d 101 (1983)

In the Matter of Edward Feight et al., Respondents, v. Richard G. Lesser, as Commissioner of the Department of Social Services of Fulton County, Respondent, and Barbara Blum, as Commissioner of the New York State Department of Social Services, Appellant.

Court of Appeals of the State of New York.

Decided February 15, 1983.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Alan W. Rubenstein and Peter H. Schiff of counsel), for appellant.

Stanley D. Russell for respondents.

Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.


Chief Judge COOKE.

This proceeding involves a conflict between Federal and State laws governing the providing of assistance to the medically needy. In the present situation, the State law must defer to the Federal and the amount of State assistance should be determined without reference to the availability of Federal aid.

Section 366 of the Social Services Law prescribes New York's eligibility requirements...

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